Terms and conditions of use

SOMMAIRE

1- Preambule           › Learn more

2- Retractation et claim                  › Learn more

3- Delay and delivery tracking         › Learn more

4- Secured payment                        › Learn more

5- Confidentiality of information                     › Learn more

6- Product, price and validity       › Learn more

7- Order       › Learn more

8- Signatures et proofs       › Learn more

 

 

Terms and conditions of use

 

1- Preambule

The following general terms and conditions of sale govern offer and sales between the company CACHE COEUR, SARL with capital of 37000 euros, and head office address at ZI de Kerscao, 29480 Le Relecq-Kerhuon, France, registered in the chamber of commerce BREST under registration RCS Brest 502 110 034, following called "CACHE COEUR" and persons ordering on Cache Cœur’s homepage http://www.curvematernity.com , online shop, following called « the consumer ».

The homepage is fully and solely owned by the company Cache Cœur, as well as all rights corresponding. Every copy, fully or partially needs authorization of the homepage owner prior to publication.

 

2- Retraction – Claim


2.1– Customer Service / After-Sales Service

The customer service of the homepage www.curvematernity.com is available from Monday to Friday from 9 to 12 and 14 to 18 o’clock via the tax-free landline: +33 (0)2 98 80 12 95, or via email to: contact@cachecoeurlingerie.com or by postal letter to the following address:

SARL Cache Cœur
Customer Service
ZI de Kerscao
29480 Le Relecq-Kerhuon
France

 

2.2– Right of retraction

According to the legislation of sales on distance via the internet, the consumer has the right of retraction of 14 days without need of justification or given reason, neither of payment of any penalties further than freight to return the purchase. The indicated delay counts from the reception of the goods at the consumer. If the last day of 14 is a Saturday, Sunday or public holiday, the delay will be extended to the following weekday.

Following legal regulations and for the protection of health, right of retraction cannot be executed if the hygienic product’s sealing and plastic bag in which Cache Coeur delivers the product is opened. Said differently, only products which are still in the originally thermo-sealed plastic bag can be returned and refunded. (according to legal article L.121-20-2 of French consumer law).

In any case the articles have to be returned in their original packaging, complete, labelled, new, unworn, unwashed and accompanied by the return label carefully completed to the following address:

SARL Cache Cœur
Customer Service
ZI de Kerscao
29480 Le Relecq-Kerhuon
France

To obtain the return labels we kindly as you to contact us by email to following address: contact@cachecoeurlingerie.com or by phone via +33 2 98 80 12 95.

All articles returned which are not conform to conditions listed above (original packaging, sealed, complete, with tags, new and not worn, neither washed) or which are outworn, damaged or destroyed by the consumer are not refundable.

The freight and risk of return shipment is on consumers side. The consumer is strongly recommended to send back the parcel in a way to assure safe shipment and best with tracking (registered mail, tracked shipment, etc. ).

If the reason to return is due to a mistake on our side, the delivery charges paid by the consumer are refunded.

Once the products received, controlled and accepted by customer service the paid price will be reimbursed to the account of the consumer, used for payment. The delay will be kept as short as possible and is maximum 14 days after reception.

 

3 – Delay and delivery tracking


3.1– Delivery in France

Cache Cœur engages to prepare and ship orders 48 hours after order placed with following delivery methods:

  •  The delivery is standard method via the postal service to deliver at home, at the office or at an assigned persons address. Freight participation and shipment costs for a delivery in France are: 5, 90 €. (This participation will not apply for orders higher of 40€). The post will deliver to the delivery address communicated to Cache Cœur at the moment of purchase.

  • Delivery to a post pick-up point at a post office or at a pick-up point of a store according the the choice of consumer. Freight participation and shipment costs for a delivery in France are: 4, 90 €. (This participation will not apply for orders higher of 40€).

 

3.2 – Delivery out of France :

Cache Cœur kindly asks for freight participation for all deliveries out of France. Following you can find the option and prices applicable according to geographical zones:

 

Germany

  • The delivery is standard method via the postal service to deliver at home, at the office or at an assigned persons address. Freight participation and shipment costs are: 5, 90 €. The post will deliver to the delivery address communicated to Cache Cœur at the moment of purchase.
  • Express delivery with Chronopost service is available as well and can deliver at home, to the workplace or at an assigned persons address. Freight participation and shipment costs are: 15, 00 €. 

 

United-States of America

  • Standard delivery is done via USPS from our warehouse (New Jersey) to home address of the consumer, at the office or at an assigned third party. Freight participation and shipment costs are: $8,00 (this participation will not apply for orders higher of $35).

 

Rest of the world

  • International standard delivery at home of the purchaser, at his office or at a third assigned party is possible. Freight participation and shipment costs are 9, 90 €. The post will deliver to the delivery address communicated to Cache Cœur at the moment of purchase.
  • Express delivery with Chronopost service is available as well and can deliver at home, to the workplace or at an assigned persons address. Freight participation and shipment costs are: 25, 00 €.

For all deliveries out of France the consumer engages to pay all applicable taxes and duties according to importation as customs, VAT and all other taxes due to delivery in a certain country. All orders made at Cache Coeur are designated for personal use and consumers are not allowed to partially or entirely resell these articles. Cache Coeur is free of legal responsibility and charge if a consumer does not or not fully pay taxes or duties. Cache Cœur is authorized to refuse shipments to certain destinations according to shipment feasibility.

 

3.3 – Delay of delivery :

The ordered products will be delivered to the address indicated from the customer at the moment of order according to following delays:

Post standard delivery:

  • France : 2 to 3 working days

  • Europe : 5 to 7 working days

  • Rest of the world : 30 working days maximum

Delay of option Chronopost express delivery:

  •  France : 24h for all orders placed before 14 o’clock (Monday to Friday).

  • Germany, Austria, Belgium, Bulgaria, Denmark, Spain, Estonia, United States, Finland, Greece, Hungary, Ireland, Island, Italy, Latvia, Lithuania, Luxemburg, Norway, Netherlands, Poland, Czech republic, United Kingdom, San Marino, Slovakia, Slovenia, Sweden, Switzerland, Vatican: 1 working day for all orders placed before 14 o’clock (Monday to Friday).

  • Rest of the world: Between 2 to 7 working days.

Delivery option for a delivery in pick up station :

  • France only: 2 to 3 working days

 

3.4 – Delay or lost :

The company Cache Coeur indicates before order validation the estimated delay of delivery.

In the case that the goods are not delivered to the consumer as given maximal date, the purchase can be announced revoke following second and third passage of L. 114-1 of French consumer law. He will be reimbursed in the delay and under conditions indicated in L. 121-20-1.

Nevertheless Cache Coeur refuses all responsibilities in the case of late delivery due to portal delays or transport services, as well as case of lost parcels or strike.

All shipments are done at the risk of the consumer. Please always verify the parcel at reception. You have 3 workdays, not counting public holidays, following the reception to make a claim at the transport company to indicate loss or damage. A copy of claim will be transmitted directly to Cache Coeur.

As a reason of availability an order can be delivered in several shipments to the consumer.

 

3.5 – Missing or defect products :

Even while Cache Coeur prepares all orders carefully, it is possible that a product is missing or defects due to delivery appear. The consumer needs to verify each and every delivery of correct products and needs to communicate every problem according to delivery (missing product, product defect or damaged parcel) immediately on following 3 workdays after delivery reception to the transport company. A copy of claim will be transmitted directly at Cache Coeur.

In the case of no claim made in the given delay the transport company will be hold free of responsibility according to article L 133-3 of French business law.

The consumer needs to assure that the products delivered are the ones ordered. In the case of difference between products ordered and delivered in terms of quality or indicated specifications on the delivery receipt, the consumer needs to inform the customer service of the Cache Coeur online store by phone and return concerned items.

As purchases are made online, no claim, return or exchange can be done in store.

 

4 – Secured payment

The amount shown at the moment of order confirmation is the amount invoiced by Cache Coeur. Payment needs to be done at the day of order made. The payment can be done via following three methods:

  • by credit card : credit card payments can be done via the secured application of the bank Crédit Agricole, France. The bank is the only authority that has knowledge of personal and confidential information and these are never transmitted in any other way than via our homepage. Your order is registered and validated after payment by the banking service of Crédit Agricole. Like this you can pay secure by entering your card number, expiry date in the cases given for requested information. We work with the SSL certificate to protect your personal information and to transmit these encrypted. At the moment of entering or transmitting this information it is impossible to read them. Cache Coeur has at no moment access to the information and does not save any banking information on a server

  • by check : This method is only possible for checks from France. Please print the order form and send it by post with your check to Cache Cœur, ZI de Kerscao, 29480 Le Relecq-Kerhuon, France. Checks must be addressed to « Cache Cœur ».

  • by Paypal. You can pay all purchases made by the service of PayPal. You only need to create your personal PayPal account.

In the case of acceptance of either of these three payment methods the order will be shipped once payment received.

The order as confirmed by the consumer will be validated once received the payment validation by the authorities of payment method. In the case of refusal the order will be cancelled automatically and the consumer will be informed by email. Ulterior Cache Coeur reserves the right to refuse all orders in the case of pending dispute.

 

5 – Confidentiality of information

To collect information for purposes of distance selling is required. When an order is placed on the website www.curvematernity.com by any new client, the information collected is added to the data base "Clients", this information is essential for orders processing and delivery. It allows us to better meet the client’s expectations and to facilitate technical assistance. 

This database has been the subject of a statement in compliance with the Act of 6 January 1972 on Data Processing, Data Files and Individual Liberties as amended by the Act of 6 August 2004, you have the right to access, modify, rectify and delete your personal data by sending a mail to the following address: 

Cache Coeur, ZI de Kerscao, 29480 LE RELECQ-KERHUON, France

Depending on the choices made when creating or consulting their accounts on the Internet, customers will have the option of choosing whether to receive offers from commercial partners of Cache Coeur. In this case, the postal address may be shared with partners unless the customer clearly expresses his refusal. The customer’s email address, however, cannot be communicated to those partners without the customer’s express agreement. The Buyer retains the right to refuse such communication retrospectively either by not giving his approval during registration and / or validation of his order or by expressing his refusal in written form indicating his name, first name, address, according to the paragraph above.


Web Beacon

Certain homepages can contain electronical images or also called « Web beacon » elements, which allow counting the number of homepage visitors. These web beacons can be used with some of our partners to measure the effectiveness of certain advertisements.

In every case all information obtained via web beacons is always anonymous and only used for counting statistics of visiting pages. This allows us to continuously improve our service.

 

Cookies

For the goal of order treatments and to better know our consumers we offer personalized services on our homepage www.curvematernity.com, Cache Coeur uses Cookies on the homepage.

Cookies allow obtaining and saving information about web navigation, as well as possible information given by the consumer during the homepage visits (email or password). Cookies can be read and used by www.curvematernity.com during a future visit of the consumer.

The consumer has the possibility to refuse or modify the period of saving or even delete the cookies via their own internet browser. If the consumer deletes the history of cookies all personalized service will be lost.

 

6 – Product, price and validity

 

6.1 – Product

The company Cache Coeur declines any responsibility for the consequences of a malicious act caused by a third party leading to a modification of the content of the website.  
In the case of a lack of availability of a product, Cache Coeur will inform the buyer as soon as possible. 
If an ordered and paid product is delayed by 30 days or more, the buyer will be informed by email. The cancellation of the order of this product and its repayment will be made, the remaining products of the order will be considered as definitive.

 

6.2 – Price

The prices are indicated in Euros (for the homepage versions FR, GB, AN) and in USD (for homepage version US). The price indicated at a product does not include transport costs. The price indicated at the moment of order confirmation is the final price including all applicable taxes, preparation, packing and delivery charges.

Products stay at the ownership of Cache Coeur until payment is completed.

The price cannot be modified or changed once the order is confirmed. At same time changes of costs and applicable taxes, as environmental charges for example, can cause changes of the prices shown online, increases as well as decreases. The applicable prices are prices shown online the moment of order, even if the order is related to a product seen in catalogue with different indications.

 

6.3 – Validity

The products for sale on the website www.curvematernity.com are available as long as stock lasts. If one or several articles are no longer available, the consumer will be informed as soon as possible. In this case the consumer can choose between keeping the rest of his order going or cancelling the order completely. If the credit card has already been charged, the amount concerned will be credited on the credit card used for the payment within a maximum of 14 days.

 

7 –     Order

The systems of automatic booking are considered evidence concerning the nature, content and date of an order. Cache Coeur will confirm the order by an email to the address that has been communicated to Cache Coeur. The sale will only be concluded with the confirmation of the order and the validation of the payment by the bank services concerned.

With the form for the opening of his account, the communication of personal data, the number of credit card, the confidential data related to it and with the validation of his order, the consumer is bound to the presented conditions of the contract, in application with article 1316-1 of the French civil rights

If there has been a dispute regarding the payment of a previous order, Cache Coeur reserves the right to cancel the order. Information quoted by the consumer when placing the order lead to the following:

In case of spelling mistakes regarding the data of the addressee, Cache Coeur cannot be held responsible for not delivering the product. Any order means the acceptation of the general sales conditions, the prices and the product descriptions with the sale.

 

8 – Signatures and proofs

In any case the on-line indication of a credit card number and the order’s final validation will constitute proof of the whole order in accordance with the law of 13 March 2000 and will cause the sums incurred for the amount quoted on the order form to become due and payable.

The computerized databases preserved in the information electronic systems of the company Cache Coeur and its partners, under reasonable conditions of safety, will be regarded as evidence of the communications and of the orders and payments occurred between the parts.

 

8.1 – Guarantee

A legal guarantee of conformity (Art. L211 of the French consumer law) and a guarantee against hidden deficits (articles 1641 and the following of the French civil law) are given for all articles allowing to send back defective articles.

Nevertheless, specific conditions of guarantee are given to the consumer with the delivered articles. The articles sold via the website www.curvematernity.com are subject to the legal conditions for guarantees.

The company Cache Coeur cannot be held liable:

  • in case of a lack of the obligations resulting from the contract due to random circumstances or a force majeure

  • for insignificant differences between the photos, texts and illustrations of the article on the website and the delivered articles

The liability of Cache Coeur is systematically limited to the value of the product concerned, the value at the date of the sale and there is no possibility to take legal actions against the brand or the producing company.

 

8.2 – Responsibility

The company Cache Coeur has an obligation of results at all steps from accessing the website, when processing the order as well as at posterior steps at the conclusion of the contract. Cache Coeur commits to describe the products being sold on the website www.curvematernity.com as accurately as possible.

However, Cache Coeur cannot be held liable for not executing their obligations in the event the non-execution of their obligations is directly imputable to the unpredictable and insurmountable actions of a third party, or due to force majeure as described by French Jurisprudence. Furthermore, Cache Coeur cannot be held liable for any inconveniences or damages inherent the use of the internet, neither for a rupture of service, an external intrusion or an electronic virus.

 

8.3 – Individual property

All the elements on the website, visual and sonorous, that comprise subjacent technology, are protected by the right of the author, the brand or the patent.

They are exclusively owned by Cache Coeur. A consumer who disposes of a website under his name and who wishes to place, for his own purposes, a simple link on his website that leads directly to the website of Cache Coeur, is obliged to ask Cache Coeur for the authorization to do so.

However, any hyperlink that leads back to our website by a “framing technique” or by “in the line linking” is strictly forbidden.

In any case, any link, even if implicitly authorized, has to be removed if Cache Coeur asks for its removal.

Hyperlinks can lead back to other websites than the website of Cache Coeur. Cache Coeur disengages itself from any responsibility in the case of illegal websites or illegal contents of the websites.

 

 8.4 – Invalidity

If one or more of the clauses of the existing contract are nullified by a change of the legislation, the regimentation or a legal decision, this will have no effect on the validity of the presented general sales conditions.

 

8.5 – Integrity of terms

The presented general sales conditions and the aggregation of the order transmitted to the consumer create a contractual entity and constitute the integrity of the contractual relations between the parties.

If the documents are contradictory the general sales conditions become decisive.

 

8.6 – Duration

The present conditions apply during the whole time the products offered by Cache Coeur are online.

 

8.7 – Major force

Cache Coeur cannot be held liable for any partial or complete non-execution of the obligations emerging from the contract, if this non-execution is caused by a force majeure, in particular it is caused by perturbation or by a partial or complete strike of the postal services, modes of transport and/or communications, flood or fire disaster.

Events that correspond to the criteria described in the case law of the Court of cassation shall be regarded as a force majeure.

In the case of a force majeure, Cache Coeur will inform the buyer within five (5) working days about the apparition or the menace of such an event.

The parties agree on informing each other as soon as possible to determine together the modalities for the order execution in case of a force majeure.

Beyond a delay of one (1) month of interruption caused by a force majeure, Cache Coeur can decide to cancel the order but to reimburse the consumer instead.