These Terms and Conditions of Sale, hereinafter the "T&Cs", govern sales made on the website www.clecleboutique.com between the company CLÉCLÉ and any natural person acting for purposes that fall outside their professional activity, hereinafter the "Customer".
Any order placed on the site implies that you have read and accepted these Terms and Conditions of Sale.
ARTICLE 1 — IDENTITY OF THE SELLER
The website www.clecleboutique.com is operated by:
CLÉCLÉ, a simplified joint-stock company (SAS) Share capital: €5,000 Registered office: 231 rue Saint-Honoré, 75001 Paris, France SIREN: 994 538 742 — RCS: 994 538 742 R.C.S. Paris Intra-community VAT: FR28994538742 President: Clémence AMILIEN E-mail: bonjour@clecle.fr Business telephone: 06 49 50 51 35
Unique identifiers — extended producer responsibility
CLECLE is registered with the extended producer responsibility schemes applicable to its activity:
- Textiles, household linen and footwear — Refashion: UIN: FR533718_11YGGU
- Household packaging and graphic paper — Citeo: packaging UIN: FR533718_01BEUD — graphic paper UIN: FR533718_01BEUD
ARTICLE 2 — PURPOSE AND SCOPE
These T&Cs set out the rights and obligations of CLÉCLÉ and of the Customer in the context of the online sale of the products offered by the Maison, in particular garments, accessories, editorial objects and e-gift cards. They apply to any order placed on the website www.clecleboutique.com for the territories currently served by CLÉCLÉ.
At the date of these T&Cs, deliveries are offered to: France, Belgium, Luxembourg, the Netherlands, Germany, Spain and Italy. The version of the T&Cs applicable to an order is the one accepted by the Customer at the time of its confirmation.
ARTICLE 3 — PRODUCTS
The essential characteristics of each product are presented on its product page, in particular its model, its size, its colour, its composition, its care instructions, its price, its availability and, where applicable, its estimated making or dispatch time. The Customer is invited to read this information before placing an order.
CLÉCLÉ takes the greatest care in the presentation and photography of its creations. Minor differences in shade may nevertheless appear depending on the screen, its brightness or its settings. CLÉCLÉ creations may be made by hand or in small runs. Slight variations inherent to this way of making may exist from one piece to another without affecting the quality or the essential characteristics of the product.
Made to order
Certain creations are made after the order has been confirmed, in particular in order to limit overproduction. A piece made after an order in a size, colour and standard configuration offered by CLÉCLÉ does not, on that ground alone, constitute a personalised good excluded from the right of withdrawal.
Where a creation is exceptionally made according to specifications specific to the Customer, or is personalised in such a way that it falls within a legal exception to the right of withdrawal, this information is expressly brought to the Customer's attention before the order.
AVAILABILITY, SMALL RUNS AND PRE-ORDERS
Depending on the creation, a product may be offered:
- immediately available;
- made to order;
- as a pre-order.
Its status is indicated on the product page. Because of CLÉCLÉ's production in small runs, certain creations or sizes may be available in limited quantities. Where a product exceptionally becomes unavailable after the order has been confirmed and CLÉCLÉ finds itself unable to fulfil it, the Customer is informed as soon as possible and the sums paid in respect of the product concerned are refunded.
ARTICLE 5 — PRICES
Prices are shown in euros (€), inclusive of all taxes. Delivery charges are added to the price of the products and are shown to the Customer before the final confirmation of the order. The total amount due is presented before any payment.
CLÉCLÉ may change the prices of its products at any time. The price applicable to the Customer is nevertheless the one displayed when their order is confirmed. In the event of an obvious material error concerning the price of a product, CLÉCLÉ informs the Customer so as to allow them either to confirm the order at the correct price or to cancel it free of charge.
ARTICLE 6 — PLACING AN ORDER
The Customer selects the products they wish to order and adds them to their basket. Before confirming, they can check the details of their order and its total price and correct any errors. They then enter the information needed to process their order, choose the delivery method offered and select their payment method.
Before payment, the Customer must be able to read and accept these T&Cs. The final confirmation of the order clearly indicates that it entails an obligation to pay. An order confirmation is sent to the Customer by e-mail.
CLÉCLÉ reserves the right to refuse or cancel an order where a legitimate reason justifies it, in particular in the event of fraud or attempted fraud, a payment incident or an order that is manifestly abnormal.
ARTICLE 7 — ORDERING WITH OR WITHOUT AN ACCOUNT
Creating a CLÉCLÉ Suite is not required in order to place an order. The Customer may therefore purchase:
- from their CLÉCLÉ account;
- or without creating an account, as a guest customer.
An order placed without an account benefits from the same legal rights attached to the purchase. However, the CLÉCLÉ loyalty programme is reserved for people with a CLÉCLÉ Suite. Orders placed without an account do not earn CLÉCLÉ points and cannot subsequently be linked to an account in order to obtain those points.
The notion of "guest customer" when purchasing without an account is distinct from the "Salon Guest" status, which is reserved for members who have created a CLÉCLÉ Suite but have not yet placed their first validated order. The detailed rules of the CLÉCLÉ programme appear in the Terms and Conditions of Use.
ARTICLE 8 — PAYMENT
Payment is taken when the order is confirmed, including where the product is offered as a pre-order or made to order, unless otherwise indicated before the purchase. The payment methods offered by CLÉCLÉ may include: bank card — Visa — Mastercard — Apple Pay — Google Pay — Klarna — PayPal.
The methods actually available are presented during the order. Where the Customer selects Klarna, PayPal or any other third-party payment service, that provider's own terms may also apply. Certain solutions, in particular instalment payment, may be subject to acceptance by the provider concerned.
CLÉCLÉ does not have access to the confidential bank details entered with the payment provider. The order is only definitively registered once payment has been validated.
ARTICLE 9 — PREPARATION AND MAKING TIMES
Available products
For an available creation, CLÉCLÉ allows up to 3 working days to check and prepare it before dispatch.
Made to order and pre-orders
For a creation made to order or offered as a pre-order, the usual time before dispatch is approximately 8 to 12 working days, unless a different time frame is expressly indicated on the product page. This period may include the making of the piece, its journey from the atelier to CLÉCLÉ, its checking and its preparation before dispatch.
The applicable delivery period or date is communicated to the Customer before the order is concluded. In the event of a delay compared with the contractually announced period, the Customer benefits from the rights provided for by the French Consumer Code, in particular the possibility, under the conditions provided for by law, of setting a reasonable additional period and then terminating the contract if delivery still does not take place.
ARTICLE 10 — MIXED ORDERS
Where a single order includes an immediately available creation as well as a creation on pre-order or made to order, the entire order is dispatched once all the pieces are ready. The Customer may contact CLÉCLÉ to request separate dispatch of the immediately available piece. Where this separate dispatch entails additional delivery charges, its cost is communicated to the Customer before any invoicing.
ARTICLE 11 — DELIVERY
Orders may be dispatched by Colissimo or Mondial Relay, depending on the destination and the delivery method selected. The available options and their prices are presented during the order and on the Shipping & Returns page.
After dispatch, observed transit times are generally:
- 2 to 5 working days in France;
- 3 to 5 working days in the other European countries served.
These transit times are indicative. The contractual delivery period communicated at the time of the order remains applicable. The Customer must provide a complete and accurate address as well as all the information necessary for the successful delivery of the parcel.
Delivery charges are calculated according to the delivery method selected, the total weight of the order and the country of destination. Their amount is indicated to the Customer before the final confirmation of the order.
ARTICLE 12 — TRANSFER OF RISK AND RECEIPT
The risk of loss or damage to the product is transferred to the Customer when they take physical possession of the goods or when the goods are handed to a third party designated by them, other than the carrier offered by CLÉCLÉ.
Where a parcel shows visible damage or an anomaly on receipt, the Customer is invited to keep the parcel, the packaging and any element making it possible to establish the problem, and to contact CLÉCLÉ promptly. This recommendation does not limit any of the Customer's legal rights.
ARTICLE 13 — RIGHT OF WITHDRAWAL
For contracts concluded at a distance, the Customer has a legal period of 14 days from receipt of their product to exercise their right of withdrawal, without having to justify their decision. Where an order includes several products delivered separately, the period runs from receipt of the last product concerned.
How to exercise your right of withdrawal?
You may use our online feature: Start a return.
You may also notify your decision to withdraw by any unambiguous statement sent to bonjour@clecle.fr.
Where a withdrawal is made through the online feature, CLÉCLÉ sends the Customer an acknowledgement of receipt on a durable medium without delay.
ARTICLE 14 — RETURN AFTER WITHDRAWAL
After communicating their decision to withdraw, the Customer has a maximum of 14 days to return the product. Returns are sent to: CLÉCLÉ — Service retours, 2 route de Saujon, 17600 Médis, France
Unless otherwise expressly offered by CLÉCLÉ, the direct costs of returning goods in connection with a simple exercise of the right of withdrawal are borne by the Customer. The Customer is invited to use a shipping method allowing them to keep proof of postage and tracking of the parcel.
The product must be handled only to the extent necessary to assess its nature, characteristics, size and cut. In particular, creations must not have been:
- washed;
- altered;
- modified;
- stained;
- damaged;
- or worn beyond a reasonably necessary fitting.
Traces of make-up, persistent odours or other alterations resulting from handling going beyond a simple fitting may result in a diminished value of the product for which the Customer may be held responsible within the limits provided for by law.
CLÉCLÉ asks that the labels, accessories and elements accompanying the product be kept as far as possible. Removing a label or a security ribbon does not, however, in itself remove the legal right of withdrawal. Using the original packaging is recommended in order to protect the creation properly during transport, but does not constitute a condition for exercising the legal right of withdrawal.
ARTICLE 15 — REFUND AFTER WITHDRAWAL
Where the right of withdrawal is validly exercised, CLÉCLÉ refunds the sums due to the Customer, including the initial delivery charges corresponding to the standard delivery method offered. Where the Customer has chosen a delivery method more expensive than the standard method offered, the corresponding supplement is not refunded.
The refund is made without undue delay and no later than 14 days following the date on which CLÉCLÉ was informed of the decision to withdraw. For a sale of goods, CLÉCLÉ may nevertheless defer the refund until the product has been recovered or until the Customer provides proof of its dispatch, whichever is the earlier.
The refund is made using the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to another means entailing no charge.
ARTICLE 16 — FIRST SIZE CHANGE
Independently of the legal right of withdrawal, CLÉCLÉ offers a commercial size-change service. For the first size change made in respect of a single order, CLÉCLÉ covers:
- the return costs of the piece concerned;
- as well as the shipping costs of the piece in its new size.
This benefit is limited to one first size change per order. The change is made subject to CLÉCLÉ's ability to supply or make the size requested. Where a new creation must be made, the corresponding time frame applies. Beyond this first change, any costs relating to a further exchange may be charged to the Customer after prior information. This commercial service is independent of the right of withdrawal and of the legal guarantees.
ARTICLE 17 — NON-CONFORMING OR DEFECTIVE PRODUCT, OR CLÉCLÉ ERROR
Where a product received does not correspond to the one ordered or has a defect that may fall under the legal guarantees, the Customer is invited to contact: bonjour@clecle.fr, indicating their order number and, where useful, attaching photographs making it possible to establish the problem.
Where an error is attributable to CLÉCLÉ or where a product is covered under the legal guarantee of conformity, the costs necessary to bring it into conformity are not charged to the Customer.
ARTICLE 18 — LEGAL GUARANTEES
The products sold by CLÉCLÉ benefit from the legal guarantee of conformity provided for by Articles L.217-1 et seq. of the French Consumer Code as well as from the legal guarantee against hidden defects provided for by Articles 1641 et seq. of the French Civil Code.
The legal guarantee of conformity allows the consumer, for a period of two years from delivery of the goods, to request that they be brought into conformity where the legal conditions are met. Depending on the situation, bringing goods into conformity may take the form of a repair or a replacement. The Code also provides, in certain cases, for a price reduction or termination of the contract.
The guarantee against hidden defects may be invoked for two years from the discovery of the defect.
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the goods. The legal guarantee of conformity gives the consumer the right to the repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them. If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests the repair of the goods but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced.
The consumer may obtain a reduction in the purchase price while keeping the goods, or end the contract with a full refund in exchange for returning the goods, if: 1° The professional refuses to repair or replace the goods; 2° The repair or replacement of the goods takes place after a period of thirty days; 3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods; 4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In that case, the consumer is not required to request the repair or replacement of the goods beforehand. The consumer is not entitled to terminate the sale if the lack of conformity is minor. Any period during which the goods are unavailable with a view to their repair or replacement suspends the remaining guarantee period until the repaired goods are delivered. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to €300,000, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the goods are kept, or to a full refund in exchange for returning the goods.
ARTICLE 19 — CLÉCLÉ E-GIFT CARDS
CLÉCLÉ e-gift cards are issued in electronic form according to the terms offered at the time of purchase. They are valid for a period of 12 months from their issue date. They can be used on www.clecleboutique.com to pay for the eligible products offered by CLÉCLÉ, including creations available for pre-order.
An e-gift card may be used more than once until its balance is exhausted. Several e-gift cards may be combined on the same order. Where the order amount exceeds the available balance, the Customer may complete their payment with one of the other payment methods offered by CLÉCLÉ.
E-gift cards cannot be used to pay delivery charges. They cannot be exchanged for cash. Where a product purchased using an e-gift card is refunded, the amount initially paid with the card is credited back to it. If the order was paid partly by e-gift card and partly by another means of payment, each portion is refunded according to its original payment method.
The distance purchase of an e-gift card benefits from the right of withdrawal where the legal conditions allowing its exercise are met. The right of withdrawal applicable to a product subsequently purchased with the e-gift card is assessed independently, according to the nature of that product.
ARTICLE 20 — INTELLECTUAL PROPERTY
All the elements of the website www.clecleboutique.com, in particular the creations, drawings, photographs, illustrations, texts, logos, names, trademarks, visual identities, videos and graphic elements, are protected by the applicable intellectual property rights.
The purchase of a product confers on the Customer no right of reproduction, representation, adaptation or exploitation over the creations or content belonging to CLÉCLÉ or to its partners. Any unauthorised use is prohibited, subject to the exceptions provided for by law.
ARTICLE 21 — LIABILITY
CLÉCLÉ is responsible for the proper performance of the obligations arising from the contract under the conditions provided for by the applicable legislation. CLÉCLÉ's liability cannot, however, be engaged where non-performance results from an act of the Customer, from an event with the characteristics of force majeure or from any other circumstance legally allowing an exemption from liability. No provision of these T&Cs has the purpose or effect of limiting or removing a right mandatorily granted to the consumer by law.
ARTICLE 22 — PERSONAL DATA
Personal data collected in the context of orders is processed in accordance with the CLÉCLÉ Privacy Policy accessible on the site. This policy specifies in particular the purposes of the processing, its legal bases, the categories of recipients, the retention periods and the rights granted to the persons concerned.
ARTICLE 23 — RETENTION OF CONTRACTS
CLÉCLÉ ensures the retention of contracts concluded electronically under the conditions provided for by the applicable regulations. Where the contract concerns an amount equal to or greater than the applicable regulatory threshold, CLÉCLÉ guarantees its retention for the period provided for by the regulations as well as the possibility for the Customer to access it under the legal conditions.
ARTICLE 24 — CUSTOMER SERVICE AND COMPLAINTS
For any question or complaint concerning an order, the Customer may contact CLÉCLÉ:
- E-mail : bonjour@clecle.fr
- or use the section: WRITE TO US, accessible from the site.
CLÉCLÉ endeavours to handle requests as quickly as possible.
ARTICLE 25 — CONSUMER MEDIATION
In the event of a dispute, the Customer is invited to first send a written complaint to CLÉCLÉ at: bonjour@clecle.fr in order to seek an amicable solution. The competent consumer mediator is currently being appointed. Their contact details will be communicated on the site and in these Terms and Conditions of Sale as soon as this appointment has been finalised.
ARTICLE 26 — GOVERNING LAW AND DISPUTES
These Terms and Conditions of Sale are governed by French law. Where a Customer habitually resides in another Member State of the European Union, this choice of law may not have the effect of depriving them of the mandatory consumer protection provisions from which they benefit under the legislation applicable to their situation.
In the event of a dispute, CLÉCLÉ and the Customer are invited to seek an amicable solution as a priority. Failing amicable resolution or mediation, the Customer may bring the matter before the competent court in accordance with the applicable legal rules.
ARTICLE 27 — AMENDMENT OF THE TERMS AND CONDITIONS OF SALE
CLÉCLÉ may amend these T&Cs in order to take account in particular of a change in its activity, its services or the regulations. Amendments do not affect orders already concluded. The version applicable to an order remains the one accepted by the Customer at the time of its confirmation.
APPENDIX — MODEL WITHDRAWAL FORM
The following form may be used by the Customer if they wish to exercise their right of withdrawal. Its use is not mandatory: any other unambiguous statement expressing the wish to withdraw may also be used. The template corresponds to the one provided for in the appendix to Article R.221-1 of the French Consumer Code.
For the attention of: CLÉCLÉ — Service retours, 2 route de Saujon, 17600 Médis, France — bonjour@clecle.fr
I hereby give notice of my withdrawal from the contract for the sale of the following product(s):
Product(s) concerned : ....................................................................................
Order number: : ....................................................................................
Ordered on: ....................................................................................
Received on: ....................................................................................
Consumer's name: ....................................................................................
Consumer's address: ....................................................................................
Date : ....................................................................................
Signature, only if this form is sent on paper: : ....................................................................................