INTRODUCTION

The present terms of use and general conditions of sale (hereinafter the “GTCS”) apply exclusively to all users of the Cerruti 1881 online sales site (hereinafter the “Website”) and the company Cerruti 1881, a Société par actions simplifiée (simplified joint stock company) with a single shareholder, capital of €11,485,166.00, headquartered at 53 avenue Hoche - 75008 PARIS, registered with the RCS Paris under number 672 025 756 and VAT number FR83 672 025 756 (hereinafter “Cerruti 1881”).

 

Purchases of products offered for sale on the Website are reserved for non-commercial individuals of legal age and full legal capacity (hereinafter referred to as the “Customer” or “Purchaser”).

 

The Customer undertakes to read these GTCS carefully before using the Website. Placing an order on the Website implies the Customer's full acceptance of these GTCS, which he acknowledges having read.

 

ARTICLE 1: SCOPE OF APPLICATION

The present GTCS are applicable to all sales of Cerruti 1881 items concluded via the Internet distance selling Website, accessible at the following address: www.KentandCurwen.com for delivery in the European Union and to the United Kingdom, Hong-Kong and Macau.

 

The purpose of the GTCS is, on the one hand, to inform any potential Customer of the GTCS under which Cerruti 1881 proceeds with the sale and delivery of the items ordered and, on the other hand, to define the rights and obligations of the parties.

 

By checking a box provided for this purpose at the time of purchase, the Purchaser acknowledges having read these GTCS and accepts them without restriction.

 

In accordance with the provisions of article 1127-1 of the French Civil Code, these General Terms and Conditions of Sale may be retained by any person visiting the Website, by means of a computer record, and may be reproduced, by means of a printout.

 

Cerruti 1881 reserves the right to modify these General Terms and Conditions of Sale at any time. However, the General Terms and Conditions of Sale applicable to the Order are those accepted by the Purchaser at the time of placing the Order.

 

The present General Terms and Conditions of Sale are supplemented by the Privacy Policy and the Cookie Policy, the General Terms and Conditions of Use and the Loyalty Program, which can be consulted on the Website.

 

ARTICLE 2: CUSTOMER ACCOUNT

The Customer can create a customer account, but there is no requirement to do so in order to place his/her order. To do so, he/she must complete a form available on the Website with information concerning him/herself, and undertakes to provide accurate information and not to impersonate a third party or modify his/her age.

 

In particular, the Customer provides an e-mail address and a password (comprising at least xxx characters), which will be used to identify him or herself on the Site. The login and password are personal, and the Customer undertakes, in the mutual interest of both parties, not to divulge them.

 

By creating a customer account, the Customer agree to be a member of Cerruti 1881’s membership program and is invited to consult our Membership Policy.

 

ARTICLE 3: PRODUCT INFORMATION

The information relating to the Cerruti 1881 products offered for sale complies with the prescriptions required by the legal and regulatory texts in force and, in particular, by articles L. 111-1 and L.111-2 of the French Consumer Code.

 

The Purchaser may select one or more items from the various categories offered on the Website.

 

The products offered for sale appear on the Website within the limits of their availability, and the offers remain valid as long as they are visible on the Website. Cerruti 1881 reserves the right to modify the assortment of items offered for sale on its Website at any time.

 

For any questions relating to the items and their use, any additional questions or requests for advice, the Purchaser may contact Cerruti 1881 by contacting customer service by email at following address: contactus@kentandcurwen.com.

 

ARTICLE 4: PRICES

The prices of products indicated on the Website are in euros, inclusive of all taxes, and do not include delivery charges, the amount of which is specified before final validation of the order by the Customer.

 

Delivery costs will be offered to the customer for all orders where the total price of the items exceeds €200.

 

The selling prices of the items online on the Website are those in force at the time the Order is placed by the Customer. Cerruti 1881 reserves the right to change prices at any time.

 

In the event of an obvious price error, which may be due to a technical problem, Cerruti 1881 reserves the right not to accept the order. In this case, the Customer will be informed immediately. If the amount of the purchased product has been paid, the Customer will be automatically reimbursed. 

Products remain the property of Cerruti 1881 until full payment has been received.
The Customer will receive, upon confirmation of his Order, for each item, written confirmation of the price paid detailing the price of the items and the delivery charges, if any, payable by him.

 

ARTICLE 5: ORDERS 

To place an order, the Customer must follow the online purchasing process.

 

The Customer chooses the product(s) he wishes to order and adds them to his cart, in the quantities desired, subject to the respect of article 6 of these GTCS.

 

Before payment and to place his/her order, the Customer will be able to see the products in the cart, their prices and quantities. The customer may modify the contents of the cart at any time prior to payment. Once the order has been placed, the customer will no longer be able to modify his/her basket.

 

Before proceeding to payment and to place an order, the Customer can check the different delivery methods and their cost, as well as the delivery countries (European Union, United Kingdom, Hong Kong and Macau) by going to the shopping basket page.

 

At any time before placing an order and when placing the order, the customer may register or log in to his or her customer account to access his or her order history. Customer is not required to create an account and may place orders in guest mode and order directly.

 

By checking a box provided for this purpose at the time of purchase, the Customer acknowledges having read these GTCS and accepts them without restriction.

 

The Customer chooses the method of delivery and payment in accordance with article 7 of these GTCS.

After payment, the Customer will receive an order confirmation email. This email does not constitute acceptance of the order by Cerruti 1881, which reserves the right to refuse an order, in particular in the event of exceeding the ceiling linked to the prohibition of purchase for resale, the abnormal nature of the order, abnormal or abusive complaints or returns, existing litigation with the Customer, non-payment of a previous order, absence of the ordered product in stock.

 

The Customer is informed that e-mails are sent to the e-mail address provided by him. Cerruti 1881 cannot be held responsible for any typing error on the part of the Customer and/or non-receipt of the message confirming shipment.

 

Cerruti 1881 recommends the Customer to keep these emails on paper or computer support. Upon receipt of a confirmation e-mail from Cerruti 1881, the sale will be considered final, except in cases of cancellation of the Order by Cerruti 1881. The Customer may nevertheless exercise his right of withdrawal under the conditions set out below.

 

ARTICLE 6: ORDERS REFUSAL

It is agreed that purchases made on the Site are reserved for non-professional private customers for their own use, which is why Cerruti 1881 only sells its items in quantities corresponding to the usual average needs of a household. In accordance with article L121-11 of the French Consumer Code, Cerruti 1881 reserves the right to refuse or cancel, for legitimate reasons, any Order for which the number of items or the amount to be paid (for a single Order or for several combined Orders) does not correspond to the usual average use of a household, any Order which suggests that an economic activity is being carried out by the Purchaser in connection with the items ordered or, more generally, any abnormal Order within the meaning of the applicable case law.

 

Finally, Cerruti 1881 reserves the right to suspend or cancel the execution of any Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident, the absence of the ordered product in stock, or in the event of fraud or attempted fraud relating to the use of the Cerruti 1881 website, including on the occasion of previous Orders.

 

ARTICLE 7: PAYMENT

Payment can be made in one installment by credit card (Carte Bleue, Visa, Mastercard), Paypal, Google Pay and Apple pay, or in installments via the Klarna solution.

 

In the case of payment by credit card, the debit is made at the time of shipment of the order, after confirmation from the bank issuing the card. If the bank refuses, the order will be automatically cancelled.

 

When the customer registers his/her credit card for future purchases, the data is also encrypted. At no time do the customer's bank details pass through the Cerruti 1881 computer system.

 

ARTICLE 8: DELIVERY AND RECEIPT

Territories: Products for sale on the Website are delivered only to the following territories:

• European Union countries ;
• United Kingdom
• Hong-Kong
• Macau.

 

Delivery times: Cerruti 1881 makes every effort to ensure that orders are delivered as quickly as possible.   

The above-mentioned delivery times are provided for informational purposes only and Cerruti 1881 cannot be held liable if they are exceeded.

 

Cerruti 1881 cannot be held responsible for any additional delivery time that may occur and for any exceptional procedures implemented by the postal services, in particular for the reception of package.

 

From the time the order is dispatched, the average delivery times are as follows: …

 

Delivery is made to the address indicated by the Purchaser when placing the order. Cerruti 1881 shall not be held liable for any errors in the address provided by the Purchaser.

 

Delivery may be delayed for reasons beyond Cerruti 1881's control. In this case, Cerruti 1881 will inform the Customer of the situation.

 

A delivery is deemed to have been made as soon as the carrier's control system registers that the order has been made available to the Customer.

 

Cerruti 1881 draws the Customer's attention to the need, upon receipt of the package, to check the general condition of the product packaging. In the event of a problem (open parcel, empty parcel), the Customer must refuse the parcel and contact Customer Service. Failing contact with Cerruti 1881 Customer Relations, the Purchaser is presumed to accept the product in the condition in which it was received.

 

Method of delivery :

In the event of an incomplete address, wrong address, refusal of the package by the Customer or any other recipient or lack of information leading to the impossibility of delivering the Product to the Customer on time, Cerruti 1881 cannot be held liable for the final quality of this delivery. The Customer is subject to the carrier's general terms and conditions of delivery which, in certain cases, if not adhered to, may have an impact on the quality of the delivery.

 

ARTICLE 9: RIGHT OF WITHDRAWAL

In accordance with the provisions of article L. 221-18 of the French Consumer Code, the Customer has a right of withdrawal.

 

Thus, the Customer may exercise his right of withdrawal, without having to justify his decision, up to fourteen (14) days from receipt of the item concerned by the Customer or by the third party designated by him other than the carrier. If the Customer has ordered several items in a single Order, or if the delivery of the items has been made in several parts, the withdrawal period does not begin until the Customer, or the third party designated by him other than the carrier, takes physical possession of the last item or the last part of the delivery.

 

The right of withdrawal cannot be exercised in the cases provided for in article L.221-28 of the French Consumer Code.

 

To notify his decision to withdraw, the Customer may use the withdrawal form at the bottom of these General Terms and Conditions of Sale, or any other unambiguous statement. This request may be sent to Customer Services by e-mail to the following address: contactus@kentandcurwen.com.

 

The Customer will immediately receive an acknowledgement of receipt of his/her request for retraction, which will be sent by email and accompanied by a return slip.

 

Then, to return the items, the Customer will follow the following procedure:

 

• Visit www.kentandcurwen.com and log into your account to begin a return. The Customer can view his/her orders and must request a return or exchange item for any unwanted items;
• The client will receive an return shipping label send to the email address mentioned when placing the order;
• Place the item(s) in the original shipping box, or any other solid carton box. Close the box and tape it securely.
• Place the return information label and the already paid return shipping label on the box over the prior delivery information.
• Contact DHL customer service to arrange a collection.

 

In all cases, the reimbursement will take place at the latest within fourteen (14) days following the date on which Cerruti 1881 was informed of the cancellation (or, if the Customer chooses to return the items by post, within fourteen (14) days following receipt by Cerruti 1881 of the returned items or following the date on which the Customer provided proof of shipment of the items, whichever comes first).

 

Reimbursement of the sums paid for the item(s) returned will be made according to the method of payment for the item(s). By application of article L.221-24 of the French Consumer Code, the additional costs paid by the Customer and linked to the choice of a specific delivery method will not be reimbursed.

 

No refunds or exchanges will be made in store.

 

In all cases, the Customer must return the items delivered in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by the duly completed returns form and a copy of the invoice. Items returned incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used or worn will not be refunded or exchanged and will be returned.

 

ARTICLE 10: RETURNS

Cerruti 1881 does not exchange any product that has been delivered to the Customer, only returns are accepted under the conditions set out in these GTCS.

 

No returns will be accepted in store, items must be returned by post only.

After having notified Cerruti 1881 of his retraction, the Customer must return the products concerned within a maximum of 14 days from this notification, accompanied by the return voucher

 

The sums paid for the returned item(s) will be reimbursed according to the method of payment for the item(s). By application of article L.221-24 of the French Consumer Code, the additional costs paid by the Customer and linked to the choice of a specific delivery method will not be reimbursed.

 

In all cases, the Customer must return the items delivered in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by the duly completed returns form and a copy of the invoice. Items returned incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used or worn will not be refunded or exchanged and will be returned.

 

ARTICLE 11: CONFORMITY AND WARRANTIES

Article L.217-4 of the French Consumer Code states that: “The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”

 

Article L.211-5 of the French Consumer Code specifies that: “To conform to the contract, the goods must:

 

1. “Fit the purpose usually expected of similar goods and, where applicable:
1. Correspond to the description given by the seller and possess the qualities that the seller presented to the Buyer in the form of a sample or model.
2. Have the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
2. Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the Seller and accepted by the latter”.

 

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

 

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

 

In addition, article 1641 of the French Civil Code stipulates that: “The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which so diminish this use that the Customer would not have purchased it, or would have paid a lesser price for it, had he been aware of them”.

Article 1648 of the French Civil Code specifies that: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1 of the Civil Code, the action must be brought on pain of foreclosure, within one year of the date on which the seller can be relieved of the defects or apparent lack of conformity.”

 

In accordance with article 1644 of the French Civil Code, Cerruti 1881 undertakes, at the Customer's option, after evaluation of the defect:

• Either reimburse the full price of the returned item,
• Or to refund part of the price of the item if the Buyer decides to keep the item.

 

ARTICLE 12: EXCLUSION OF WARRANTY

Items modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover visible defects. The warranty does not cover items damaged in transit or because of misuse.

 

ARTICLE 13: INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Any intellectual and industrial property rights, including, without limitation, copyrights, this Website, drawings, photos, musics, designs, trademarks, logos and service marks displayed on this site as well as the graphics, software are protected by law. All of the above-mentioned rights are the property of their respective owners. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner's prior written permission, except as otherwise described herein. Cerruti 1881 reserves all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of France and other countries. You are not authorized to use in any manner the above-mentioned rights without prior authorization of Cerruti 1881. In case of any infringement to this article, CERRUTI 1881 we be able to prosecute any offender.

 

 

ARTICLE 14: SIGNATURE AND PROOF

Cerruti 1881 undertakes to protect the personal information of its customers by ensuring a high level of security, but the Customer also has a role to play in the protection of his personal data. In particular, the Customer must maintain the security of his/her online transactions by, for example, not disclosing his/her login (Customer's e-mail address) and/or password to anyone and by regularly changing his/her password. In this respect, Cerruti 1881 cannot be held responsible for the disclosure of information concerning the Customer to any individual who has used the Customer's identifier (Customer's e-mail address) and/or password. In this respect, the use of the Customer's username (Customer's e-mail address) and/or password shall constitute proof of the Customer's identity and, upon validation of the Order, payment of the corresponding sums. Cerruti 1881 shall under no circumstances be held liable for the fraudulent use of such information. The provision of the credit card number and the final validation of the Order shall constitute proof of acceptance of the said Order and shall constitute payment of the sums incurred by the seizure of the items appearing on the Order. The computerized registers, kept in the computer systems of Cerruti 1881 and its partners will be considered as proof of communications, Orders and payments between the Customer and Cerruti 1881.

 

ARTICLE 15: FORCE MAJEURE

Cerruti 1881's performance of all or part of its obligations shall be suspended in the event of the occurrence of a case of force majeure as defined in article 1218 of the French Civil Code, which would hinder or delay its performance. Cerruti 1881 will inform the Customer of such an event of force majeure within seven (7) days of its occurrence. Should this suspension continue beyond a period of fifteen (15) days, the Customer will then have the option of cancelling the current Order, and will then be reimbursed in accordance with the conditions set out in these GTCS.

 

ARTICLE 16: INVALIDITY OF A CONDITION SPECIFIED HEREIN

If any provision of these GTCS should become null and void or unenforceable, the remainder of the GTCS shall remain in full force and effect.

 

ARTICLE 17: STORAGE AND ARCHIVING 

Invoices are archived on a reliable and durable medium to constitute a faithful and durable copy.

 

ARTICLE 18: DISPUTES

These GTCS are governed by and construed in accordance with French law.

 

In the event of a dispute, the parties agree to attempt to resolve their differences through mediation or any other alternative dispute resolution procedure.

In the event of a dispute relating to the application and/or interpretation of these GTCS, the Customer may have recourse to a conventional mediation procedure. Any consumer dispute may be settled out of court by mediation with the CMAP - Centre de Médiation et d'Arbitrage de Paris. To submit a dispute to the mediator, the Customer may (i) fill in the form on the CMAP website: www.cmap.fr under the “You are: a consumer” tab (ii) send the request by ordinary or registered post to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS FRANCE, or (iii) send an email to consommation@cmap.fr.

 

To bring the matter before CMAP, the Customer’s request must contain the following elements in order to be processed rapidly: his postal, email and telephone contact details, as well as the full name and address of Cerruti 1881, a brief statement of the facts, and proof of prior contact with Cerruti 1881.

 

At European level, the European Commission also provides an online dispute resolution platform: http://ec.europa.eu/consumers/odr/.

 

The Customer remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator. In the absence of an amicable solution or recourse to mediation, all disputes to which the General Terms and Conditions of Sale may give rise shall be submitted to the competent court in application of the rules laid down by the Code of Civil Procedure and the Consumer Code.

 

The fact that one of the parties does not claim from the other party a breach of any of its obligations under these General Terms and Conditions of Sale shall not be construed as a waiver of the obligation in question for the future.