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General Terms and Conditions

Article 1 – LEGAL NOTICES

This site, accessible at the URL https://celestecaribbean.com/ (the “Site”), is published by:

HI WEST INDIES, a simplified joint-stock company with a capital of €1,000, registered with the RCS of Fort-de-France under number 844 449 868, whose registered office is located at 32 LA PRAIRIE LE CAP EST 97240 LE FRANCOIS MARTINIQUE, intra-community VAT number: FR34844449868– Telephone: 0696419336.

(Hereinafter referred to as the “Operator”).

The Operator can be contacted at the following email address: contact@celestecaribbean.com and at the following number: 0696419336.

Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

The general conditions of sale (the “General Conditions of Sale”, or the “GCS”) are applicable exclusively to the online sale of products offered by the Operator on the Site.

The General Terms and Conditions are made available to customers on the Site where they can be consulted directly and can also be communicated to them upon simple request by any means.

The General Terms and Conditions are binding on the customer, who acknowledges having read and accepted them before placing an order. Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.

Article 3 – DESCRIPTION OF PRODUCTS

The Site is an online sales site for Women's Ready-to-Wear (hereinafter the "Product(s)") open to any person acting as a consumer, i.e. any natural person acting for purposes outside their commercial, industrial, craft or liberal activity (the "Customer").

The Products presented on the Site are each the subject of a description (prepared by the Operator) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document.

Article 4 – CREATION OF THE CUSTOMER AREA

When placing an order on the Site, the Customer may, if they wish, create a personal account. Once created, to access it, the Customer must identify themselves using their email address and a secret, personal and confidential password. It is the Customer's responsibility not to share their password. Each Customer undertakes to maintain strict confidentiality regarding the data and further undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of their username (email address) and/or password.

After creating their personal customer area, the Customer will receive an email confirming the creation of their customer area.

The Client undertakes upon registration to:

  • Provide real, accurate and up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without authorization.
  • Maintain registration data up to date to ensure that it is always real, accurate and up to date.

Article 5 – ORDERS

The Operator strives to ensure optimal availability of its Products. Product offers are valid while stocks last.

If, despite the Operator's best efforts, a Product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:

  • the delivery of a Product of a quality and price equivalent to that initially ordered, or
  • reimbursement of the price of the Product ordered no later than thirty (30) days from payment of the sums already paid.

Except as otherwise provided in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.

When placing an order, the Customer must select the chosen Products, add them to their basket by indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of their order and its total price, and to return to the previous pages to possibly correct the contents of their basket, before confirming it.

The Customer agrees to read the General Terms and Conditions of Sale then in force before accepting them and to confirm the terms and conditions and any delivery costs prior to paying for their order. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.

Contractual information relating to the order (including the order number) will be confirmed by email in good time and at the latest at the time of delivery.

Any email sent to the Customer in connection with an order will be sent to the email address that the Customer uses to log in to their customer area.

The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:

  • The Customer would not respect the General Conditions in force at the time of his order;
  • One of the Customer's previous orders is the subject of a dispute currently being processed;
  • The Customer has not responded to a request for confirmation of his order that the Operator sent to him;
  • The order relates to quantities of Products exceeding the normal needs of a consumer.

The Operator archives Product sales contracts in accordance with applicable law. By submitting a request to the following address: contact@celestecaribbean.com, the Operator will provide the Customer with a copy of the contract in question.

Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.

The information provided by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the Operator cannot be held liable in any way in the event that an error when placing the order prevents or delays delivery/delivery.

The Client declares that he has full legal capacity to enter into a commitment under these General Conditions.

Orders are open to both legally capable adults and minors, provided that they are placed under the supervision of a parent or guardian with parental authority. Under no circumstances is an order permitted on behalf of a third party unless the customer is duly authorized to represent them (e.g., a legal entity). Orders are strictly personal to each Customer.

In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the said Customer's account without notice.

Article 6 – PAYMENT METHODS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered.

In any event, the Operator reserves the right to check the validity of the payment, before dispatching the order, by all necessary means.

The Operator uses online payment solutions by Bank Card, Stripe & Paypal.

Orders can be paid using the following payment method:

Payment by credit card: Payment is made directly on the secure banking servers of the Operator's bank; the Customer's bank details are not transmitted to the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. This means that these details are not accessible to third parties.

The Customer's order is recorded and validated upon acceptance of payment by the bank.

The Customer's account will be debited with the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

Failure to debit the amounts due will result in immediate cancellation of the sale.

Payment by e-wallet (such as Paypal or Stripe): The Customer already has an account with the e-wallet used by the Operator. The Customer can use this account and pay for their order securely without having to provide their bank details.

Where applicable, the order validated by the Customer will only be considered effective when the secure banking payment center has given its approval for the transaction.

As part of the inspection procedures, the Operator may request from the Customer all documents necessary to finalize the order. These documents will not be used for any purpose other than these.

Article 7 – PAYMENT OF THE PRICE

The price of the Products in effect at the time of the order is indicated in euros, all taxes included (TTC), excluding delivery, customs and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.

The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.

If delivery or transport charges apply, they will be added to the price of the Products and indicated separately before the Customer confirms the order. The total amount due by the Customer and its details are indicated on the order confirmation page.

Article 8 – RESERVATION OF OWNERSHIP

The Operator remains the exclusive owner of the Products ordered on the Site until full payment has been received, including any shipping costs.

 

Article 9 – SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

The shipping costs are those specified when finalizing the order and are accepted by validation of the order.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.

Delivery times are announced in working days on the Site when ordering. These times include the preparation and shipping of the order as well as the delivery time provided by the carrier.

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at the basket level, provided that payment for the order has not been previously refused.

However, if one or more Products cannot be delivered within the initially announced timeframe, the Operator will send an email indicating the new delivery date to the Customer.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore the Customer's responsibility to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

Article 10 – RIGHT OF WITHDRAWAL

In accordance with the regulations, the Customer has a right of withdrawal which he can exercise within fourteen (14) days from receipt of his entire order.

To exercise this right, the Customer must inform the Operator of his decision within this period, for example by e-mail to the address: contact@celestecaribbean.com

For this purpose, the Customer may use the model withdrawal form attached hereto, but this is not obligatory.

The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by email.

Returns should be made to the following address, at your choice:

Return address for letters or Colissimo:

LOLYDOL SAS Returns Service ZI de la Rivièrette 09210 – LEZAT SUR LEZE

Return address by Mondial Relay:

LOLYDOL SAS TOBACCO PRESS 13 Avenue de Toulouse 09210 LEZAT SUR LEZE lolydol.sas@gmail.com 05.61.60.22.40

By colissimo delivered against signature.

Any returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories and within fourteen (14) days at the latest following communication of the decision to withdraw.

The Operator undertakes to reimburse the Customer as soon as possible and at the latest within fourteen (14) days from the date of notification of the Customer's decision to withdraw, although reimbursement may be deferred until the Operator recovers the Products or provides proof of their shipment.

The reimbursement of the Products will take place according to the following terms:

  • The order is returned in its entirety: the Operator reimburses the price of the order, return costs to be borne by the Customer.
  • The order is not returned in its entirety (the Customer keeps one or more Products ordered): the Operator reimburses the price of the returned Product(s), any shipping costs are not reimbursed and the return costs remain the responsibility of the Customer.
  • The Product is returned due to the Operator's responsibility: the Product, shipping and return costs are reimbursed.
  • In the event of a dispute with Alma, you have the option of appealing to the AFEPAME consumer mediator.

The refund may be made by the same means of payment as that used for the Customer.

By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.

Article 11 – CUSTOMER SERVICE

The Customer can contact the Operator:

  • By email to contact@celestecaribbean.com, stating your name, telephone number, the subject of your request and the number of the order concerned;

In the event of any difficulty arising when purchasing Product(s) on the Site, the Customer is invited to contact the Operator in order to reach an amicable settlement.

For orders placed on the Site, you can also submit any complaints you may have on the dispute resolution platform set up online by the European Commission: http://ec.europa.eu/consumers/odr/ . The European Commission will forward your complaint to the competent national mediators.

Article 12 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE

The Operator is the sole owner of all elements present on the Site, including but not limited to all texts, files, images, whether animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Client or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Client is solely responsible for any unauthorized use and/or exploitation.

The Operator reserves the right to take all legal action against persons who have not respected the prohibitions contained in this article.

Article 13 – LIABILITY

The Customer remains responsible for the terms and consequences of their access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers, such as Internet service providers, which remain their responsibility. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.

The Operator cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, a breakdown in service, an external intrusion or the presence of computer viruses or any event qualified as force majeure, in accordance with case law.

The Operator cannot be held liable for hyperlinks on the Site to other resources on the Internet. Indeed, the Operator has no means of controlling the content of these third-party sites, of which the Customer is expressly informed herein. Consequently, the risks associated with this use are fully the responsibility of the Internet user, who must comply with the conditions of use specific to each third-party website.

Article 14 – LEGAL GUARANTEES

All Products sold on the Site benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code, as well as the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

When the Customer acts within the framework of the legal guarantee of conformity:

- he has a period of two years from delivery of the Product to act;

- he can choose between repair or replacement of the Product, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;

- he is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the goods.

The Customer is reminded that the legal guarantee of conformity applies independently of any commercial guarantee possibly granted by the Operator.

The Customer may also decide to implement the warranty against defects in the item sold within the meaning of Article 1641 of the Civil Code within two years of the discovery of the defect. In this case, the Customer may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Article 15 – PERSONAL DATA

The Operator processes the Client's personal data for the purposes of concluding the contract, its execution, its management and the preparation of invoices.

The Operator may also use the Client's personal data for commercial solicitation purposes, in accordance with the legal provisions in force. The processing of personal data is carried out in accordance with its Privacy Policy .

The recipient of the data is the Operator. The Operator nevertheless reserves the right to transmit all or part of the Customers' personal data to its subcontractors for the purposes of fulfilling the order (in particular the delivery of the Products).

In accordance with applicable regulations, the Client has various rights that he can exercise at any time, including in particular a right of access, a right of rectification, a right to erasure or to limit the processing of his data.

To exercise these rights, the Customer is invited to send their request by email to contact@celestecaribbean.com, stating their first and last name(s) and contact details (telephone number and email address). They may be asked to provide proof of identity.

The Customer has the option of filing a complaint with the CNIL.

If the Customer does not wish to be contacted by telephone by companies of which he is not a customer, he can register on the website www.bloctel.gouv.fr.

Article 16 – GENERAL PROVISIONS

16.1. ENTIRE AGREEMENT OF THE PARTIES

These General Terms and Conditions of Sale constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more provisions of the General Terms and Conditions of Sale are declared null and void pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions of Sale does not invoke a breach by the other party of any of the provisions of the General Terms and Conditions of Sale shall not be interpreted as a waiver on its part to invoke such a breach in the future.

16.2. MODIFICATIONS TO THE CONDITIONS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating all or part of the Site.

Furthermore, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions of Sale.

The Customer acknowledges that the Operator cannot be held liable in any way whatsoever towards it or any third party as a result of these modifications, suspensions or cessations.

The General Conditions applicable to the Customer are those available on the date of the order. It is therefore specified that any modification of the General Conditions which would be made by the Operator will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.

16.3. APPLICABLE LAW

These General Conditions are governed, interpreted and applied in accordance with French law.

16.4. ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Conditions of Sale.

By ordering on the Site, the Customer confirms having read the General Conditions of Sale and accepts them, making him contractually bound by the terms of these General Conditions of Sale.

The General Conditions of Sale applicable to the Customer are those available on the date of the order, a copy of which dated on that date may be provided to the Customer upon request. It is therefore specified that any modification to the General Conditions of Sale made by the Operator will not apply to any order placed previously, unless expressly agreed by the Customer who placed a given order.