TERMS AND CONDITIONS - Version of 17th of October 2021
Preamble
In order to best meet the expectations of its customers, the MAGE Company (Corthay brand) has set up, alongside its own stores and distribution network, a remote sales system for a selection of its models and accessories.
The Products proposed on the Internet site www.corthay.com are exclusively intended for physical persons in their capacity as consumers. Resale or distribution of the products is strictly prohibited.
These Terms and Conditions are concluded between party A, namely the company MAGE , a simplified joint-stock company (Société par Actions Simplifié") with a registered capital of €5 687 855, Headquarter 1, rue Volney, 75002, Paris, hereafter designated "CORTHAY", and party B, persons wishing to make a purchase via the Internet site www.corthay.com, hereafter designated "customers".
At the time of ordering, the customer can access the Terms and Conditions via a link on the Online Shop. In addition, the customer must accept the Terms and Conditions by ticking the appropriate box before confirming his/her order.
These Terms and Conditions are supplemented by i) the Privacy Policy.
They govern the stages necessary for placing an order and define the terms and conditions of sale between Corthay and the customer, from order to delivery, including payment.
Their objective is also to define the rights and obligations of the parties with regard to the online sale of goods and services proposed by Corthay to the customer.
2. Availability and enforceability of Terms and Conditions
The Terms and Conditions are made available to customers on Corthay's Internet site www.corthay.com where they can be directly consulted.
The Terms and Conditions are enforceable in relation to the customer, who recognizes, by ticking the corresponding box that he/she is aware of and has accepted them before placing an order, in accordance with the procedure described in Article 8.
Once an order is validated by the customer making the relevant payment, the customer is deemed to have accepted the General Sales Conditions prevailing on the day that the order is placed. Corthay keeps these GSCs and makes copies in accordance with the provisions of Article 1127-1 of the French Civil Code.
No special condition may prevail over the Terms and Conditions, unless one is formally accepted by Corthay in writing. Any contrary condition invoked by the customer will therefore, in the absence of express acceptance by Corthay, be unenforceable against Corthay, regardless of the time at which it is brought to Corthay's knowledge.
These GSCs were updated on 17th of October 2021. This version cancels and replaces any earlier versions.
3. Modification of Terms and Conditions
Corthay may decide to modify its conditions of sale at any time. In the event of modification of the Terms and Conditions, the applicable Terms and Conditions are those in force on the order date, of which a copy dated on that day can be supplied to the customer on request.
4. Clause of Terms and Conditions
The invalidity of a contractual clause does not result in the invalidity of the Terms and Conditions.
The fact that Corthay does not avail itself, permanently or temporarily, of one or more clauses of these Terms and Conditions, does not constitute renunciation of subsequently availing itself of any of the said clauses.
5. Products
On the Internet site www.corthay.com, Corthay offers a selection of footwear models from its men's collection, as well as accessories, and cleaning products.
Each of the Products offered for sale forms the object of a description mentioning its essential characteristics as provided for in Article L 111-1 of the French Consumer Code. The photographs illustrating the Products are not contractual documents.
The choice and purchase of a Product is the sole responsibility of the Customer.
The online sales offers presented on the Internet site are valid, unless a specific time period is indicated, for as long as the products are featured on the Internet site www.corthay.com and within the limit of available stocks.
6. Price of Products
In conformity with the provisions of the French Consumer Code, the prices for Products offered for sale through the website are indicated in local currencies, inclusive of VAT. The prices do not include shipping and delivery costs, which are indicated before the customer validates the order.
Corthay reserves the right to modify its prices at any time without notice and without affecting orders already placed. The sales price of the Product is that in force on the day of the order.
7. Transport costs
The shipping costs are in local currencies and include VAT. The shipping costs are charged to the customer separately and vary depending on the country. They are indicated clearly when the order is processed and before the customer is asked to validate it. For special products, transport may be under the customer charge and it will be indicated on the product page.
8. Create an account - Order
8.1 - Customer area - Account
In order to place an order, the customer is invited to create an account (personal space).
To do so, he must register, by completing the form that will be presented to him at the time of his order, and undertake to provide sincere and accurate information concerning his civil status and contact details, including his email address.
The customer is responsible for updating the information provided. It is specified that he can modify them by logging into his account.
To access his personal space and order histories, the customer must identify himself using his username and password, which will be communicated to him after registration and which are strictly personal. As such, the customer must refrain from any disclosure. Otherwise, he will remain solely responsible for any use that is made of it.
The customer may also request a subscription cancellation by going to the dedicated page on his personal space or by sending an email to: contact@corthay.com. This will be effective within a reasonable period of time.
In the event of non-compliance with the general terms and conditions of sale and/or use, the website www. Corthay.com reserves the right to suspend or close a customer's account after formal notice sent electronically and with immediate effect.
Any deletion of an account, for whatever reason, results in the unmitigated deletion of all that customer's personal information.
Any event, due to a case of force majeure, resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage Corthay's responsibility.
The creation of the account implies the acceptance of these general terms and conditions of sale.
8.2 Order
After creating his/her account and clearly identifying themselves by entering the relevant e-mail address and password, the visitor may place an order on the Internet site www.corthay.com by selecting a Product, a colour and a size, and by clicking on the "add to bag" option.
A summary page entitled "bag" will then appear, with a description of the Product(s), colour(s), size(s), quantity, unit price and shipping costs which customers can consult once they have logged into their account. The total value of the order is also indicated.
The customer can then continue purchasing or validate his/her bag after having had the possibility of checking that his/her selection is correct, the details of the relevant order and its total price, and of returning to the previous pages to correct any errors or omissions or, if necessary, to modify the order. The customer also has, at this stage of the order procedure, the possibility of modifying the address to which he/she wishes the order to be delivered.
The order will be considered as confirmed once the customer's payment has been received on the stripe website and has been accepted by Corthay and once the customer has accepted these GSCs by ticking the appropriate box.
All orders confirmed in this way constitute acceptance by the customer of the prices and descriptions of the Products.
The sales contract enters into effect as soon as Corthay has accepted payment of the order, unless a technical error has resulted (at the time of ordering) in the fixing, for a Product, of a zero or derisory price. In this case, Corthay shall be entitled to cancel the order upon full refund of the price paid.
9. Terms and conditions of payment –Secure payment
The price is payable in full and in one time.
The payment of the purchases of the customer can be carried out by:
Credit card (are accepted the cards of the network "CB", Visa, Eurocard/Mastercard),
In the case of payments by Internet, the control will be carried out on line with the establishments and competent banking organizations, questioned via the system of the company STRIPE. To this end, STRIPE will store and automatically process information relating to each order, including credit card details, in a secure environment. The transfer of the Customer's personal data to STRIPE has been authorized by the CNIL and is governed by the standard contractual clauses established by the European Commission.
The Customer benefits from enhanced protection against fraudulent use of his/her card on the Site, as Corthay has the 3D Secure online payment guarantee. 3D Secure is a program created by the international issuers Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) aiming to reinforce the security of card payments on the Internet.
In addition, in order to fight against fraud on the Internet, Corthay implements a process relating to the evaluation of risks and the prevention of fraud in the payment of purchases on the present website, for which Corthay also calls upon the company STRIPE. The data collected is intended only for authorized persons in charge of the fight against fraud within Corthay. This processing has also been authorized by the CNIL.
For more information about the processing of personal data by Corthay, please consult the Corthay "Privacy Policy".
In the event that, for any reason whatsoever (opposition, refusal of the issuing center...), the debit of the sums due by the customer proves to be impossible, the sale made will be immediately cancelled and the Internet purchase process cancelled.
10. Cancellation of order after order confirmation
CORTHAY offers the cancellation of orders within 15 days after confirmation of payment of the ordered product. Corthay is at the customer's disposal to advise them in the choice of a size or for any question about the fitting of a model. The customer can contact Corthay at 01 42 61 08 89 from Monday to Saturday from 10am to 7pm or by email at contact@corthay.com.
How to make a cancellation?
By filling in the form (contact us). As soon as the customer's request is validated, the customer will receive a confirmation email. The refund will be made in the days following this confirmation.
If the 15 days deadline has been exceeded and the customer wisesh to make a cancellation, they shall contact Corthay at 01 42 61 08 89 or by email at contact@corthay.com.
11. Delivery / Delivery zone
Country of delivery
Corthay's articles are delivered everywhere in France (including DOM-TOM) and in Monaco. Corthay ensures delivery only in the country where the order was placed, whether it was made online or by phone. To find out the available delivery locations, please click on "Country/Language" in the upper left corner to view the list of all countries where e-commerce is available.
Each delivery within the European Union will be accompanied by an invoice detailing the price of each Product, the amount of VAT and the shipping costs. For deliveries in other countries (Switzerland, USA, UAE) the recipient will have to pay the customs duties and taxes in force at the time of the entry of the parcel in his country.
Delivery times and costs
Corthay offers "Standard delivery" from 200€ of purchase
Delivery to the address indicated during the ordering process will take place within an average of 5 to 7 working days following the date of shipment. Corthay undertakes to make its best efforts to deliver the products ordered by the customer within the time specified above. However, these deadlines are given as an indication. The delivery to the customer is equivalent to the transfer of ownership to the customer of the good subject of the order, of its full payment, of its delivery and of its control.
Working days: Monday to Friday from the dispatch of the order, from 9:00 am to 5:00 pm, excluding holidays.
All orders are delivered by DHL. Corthay will send a confirmation email once the package has been shipped. Corthay will inform the customer by email about the progress of their order.
For security reasons, a signature will be required upon receipt of the package (the customer's own signature or the signature of an adult authorized by the customer). Corthay does not deliver products to P.O. Boxes and hotels.
If the ordered Products were not delivered within 30 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the customer, the sale will be able to be solved at the written request of the customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the customer will be then restored to him at the latest in the fourteen days (14) which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.
SPECIAL CONDITIONS OF SALE FOR PERSONALIZED ITEMS
Corthay offers an online personalization service for certain products. The customer can access this offer: (i) by clicking on the "Personalization" menu and then on "Design your own product".The Special Conditions of Sale for these products are described below. All the provisions of the above General Terms and Conditions of Sale not modified by the present Special Terms and Conditions remain applicable.
The order of personalized products can only be made via the website www.corthay.com, excluding any order placed by telephone to the Customer Service. The customer is informed that, when using this service on the Internet site, his choices of creation are memorized only during his session. If the customer interrupts his session before having finalized his order, he will be invited to resume his choices of creation from the beginning during his new connection.
Once the order is validated by the customer on the website, a bank capture is made, and the customer will be debited for the amount of his order from the moment the piece is sent for personalization to the workshop. The customer will then receive an email informing him/her of the shipment of the items.
The delivery of the personalized items will take place at the latest within twelve (12) weeks from the day following the order, subject to full payment of the price.
The customer is informed that no partial delivery will be made by Corthay. If the customer wishes to order a personalized item as well as a standard item, both items will be delivered together within a maximum of twelve (12) weeks.
12. Return –exchange –right of retraction
The customer is informed that Corthay does not exchange articles bought from www.corthay.com
In accordance with the article L221-18 of the Consumer Code, the customer has a period of 15 days from the date of receipt of his order to return any Product that does not suit him and request a refund or exchange. The return costs remain however at his expense.
The customer may return the Product after having made the request via the contact form in the "contact us" menu, accompanied by an unambiguous statement of his willingness to withdraw, provided that it has not been worn, that it is returned in its original packaging and accompanied by accessories that were attached to the delivery (textile cover, laces in addition, etc. ...), allowing its selling again as new.
Any returned Product that is damaged will be returned to the client. Shoes must be tried on a clean, smooth surface that does not damage the sole. The shoes must be free of bumps, wear or creases if the customer wishes to return them. Products that are damaged, worn, soiled or incomplete will not be accepted.
In order for the return to be identified, the returned Product must be accompanied by a copy of the invoice. To request their return, the customer shall make sure to respect the conditions of return. It is not possible to exchange a product ordered online.
Upon receipt of the customer's item(s), and following a quality control, Corthay will do their best to ensure a refund within 14 days maximum. The exact period depends on the procedures applied in the cusomer's bank.
Corthay reserves the right to refuse returns that do not meet the above conditions. The customer will receive a confirmation email once their account has been credited. Refunds are made using the same payment method and currency as the purchase.
Please note that the tax-free service is not available for remote purchases of Corthay products.
The customer also has the option of returning their items ordered on Corthay.com to a Corthay store in France. The customer have fourteen (14) days from the date of delivery of their order to return their item(s).
To return any items, the customer shall follow the procedure below:
- Place the returned product(s) and a copy of the invoice in its/their original packaging. All accessories accompanying the Corthay items (shoe trees, associated felts) shall be returned.
- After the article(s) have been checked in the store, and following a quality control, the customer will receive a document in the store certifying the return of their article(s). This document shall be kept until the customer receives an email confirming the refund.
Please note that no refunds will be made in store.
The stores accepting returns of items ordered on Corthay.com in France are the following:
Paris : Boutique Corthay: 1 Rue Volney 75002, Paris
SPECIAL CONDITIONS OF SALE FOR PERSONALIZED ITEMS
Due to the fact that they are clearly personalized and/or made to order, the items mentioned in the present Special Conditions cannot be refunded or exchanged.
13. Warranty
Corthay guarantees the authenticity of the shoes sold on its Internet site. Embodying traditional expertise gathered over several generations, the shoes are made of high-quality materials and crafted by highly skilled and experienced craftsmen.
If a model fails to meet the customer's expectations in spite of the care taken in the manufacture of its products, Corthay undertakes to exchange it or refund the customer. Certain conditions apply.
The customer benefits from the legal guarantee of conformity provided for in Articles L 211-4 to L 211-14 of the French Consumer Code and the legal guarantee against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.
Article L211-4 of the French Consumer Code
"The vendor is required to deliver a good that conforms to the contract and is liable for conformity defects existing when the good is delivered. The vendor is also liable for conformity defects resulting from the packaging, assembly instructions or installation, if installation was stated to be its responsibility in the contract or was performed under its responsibility."
Article L211-5 of the French Consumer Code
"To conform to the contract, the good must:
1) Be fit for the purpose usually expected of a similar good and, where appropriate:
- correspond to the description given by the vendor and possess the qualities presented by the vendor to the purchaser in the form of a sample or model;
- present the qualities that a purchaser may legitimately expect on the basis of the public statements made by the vendor, by the producer or by its representative, particularly in advertising or labelling;
2) Or have the characteristics defined by common agreement by the parties or be fit for any special purpose desired by the purchaser, made known to the vendor and accepted by the vendor."
Article L 221-12 of the French Consumer Code
"The action resulting from the conformity defect is limited to two years from the date of delivery of the good."
Article 1641 of the French Civil Code
"The vendor is liable for hidden defects in the item sold that make it unfit for its intended purpose, or that diminish the use made of it to such an extent that the purchaser would not have purchased it, or would have paid a lower price for it, if he had been aware of the defect."
Article 1648 1st Paragraph of the French Civil Code
"The action resulting from redhibitory defects shall be taken by the buyer within a period of two years following the discovery of the defect."
Under this warranty, Corthay agrees, at the choice of the customer, to reimburse him/her or to exchange the faulty Products (within stock limits) or the Products that do not correspond to his/her order.
The clauses excluding or limiting the rights granted to the customer under the legal warranty of conformity of items in Articles L 211-4 to L211-14 of the French Consumer Code, which are by virtue of Article L 211-17 of the French Consumer Code deemed not to be binding when concluded before any claim by the customer, are valid when they are concluded after the claim.
Damage resulting from abnormal or non-compliant use of the Product by the customer, and damage linked to normal wear and tear of the Product, or to inappropriate storage of the Product, will be excluded from the warranty of Article 1641 of the French Civil Code.
14. Customer Service
For further information, the customer can contact:
By email: contact@corthay.com
By telephone at +33 01 42 61 08 89 (Web Services),
By letter to: Mage SAS, Société Corthay, Service Client, 1, rue volney, 75002, Paris
15. Reserve of ownership
THE PRODUCTS ORDERERD REMAIN THE PROPERTY OF CORTHAY UNTIL THEY HAVE BEEN FULLY PAID FOR BY THE CUSTOMER.
16. Liability
- Internet site
The company Mage (Corthay) strives to make its Internet site as operational as possible. However, it provides no guarantee to the user that its Internet site is free of any defects or errors. Furthermore, the company does not guarantee that the operation of the Internet site cannot be interrupted or rendered temporarily unavailable.
While every effort is made to faithfully reproduce colours and textures on the photographs displayed, variations may occur in comparison with the actual Products, particularly because of the technical limitations of the colour rendering on the customer's computer terminal.
The Products proposed on the online sales site www.corthay.com are presented and described with the greatest possible exactitude. If (despite these precautions) errors or omissions occur, the company may not be held liable for them.
Photographic and textual content has no contractual value unless otherwise indicated.
In view of the above, Corthay declines all liability:
- For all damage resulting from the intrusion of a third party which causes a modification to the information of the Internet site;
- more generally, for all direct or indirect damage, whatever the cause, origin, nature and consequences, resulting from access to the Internet site or impossibility of access, and any damage to the equipment of users;
- For any interruption or malfunction of the Internet site.
Any direct or indirect references to Corthay Products that may be published on the Internet site do not imply that Corthay intends to market the said Products in the user's country of residence.
In all cases, Corthay reserves the right to correct or modify the content of its Internet site at any time and without prior notice.
For all additional information, it is recommended that Corthay should be contacted directly.
- Exemptions from liability
Corthay may not be held liable in the event of failure to execute or incorrect execution of the contract due to any of the following: the customer's actions, the insurmountable and unforeseeable actions of a third party to the contract, and "force majeure".
Furthermore, Corthay may not be held liable for non-compliance of the Product with the legislation in the country of the customer, who is responsible for checking that sale of the Product is not prohibited in his/her country.
17. Intellectual property
- Internet site
The general structure (layout, graphics, tree structure etc.), texts, images whether animated or non-animated, and all elements composing the Internet site are protected and are governed by French and international copyright and intellectual property laws.
All rights of reproduction are reserved, including those for downloadable documents and iconographic and photographic representations.
Any total or partial reproduction of this Internet site or any of its elements by downloading and any reproduction or use of photocopies without express prior authorisation is prohibited.
Information and photographs on the Internet site may only be used with the prior written authorization of Corthay, and must in all cases appear with the indication "©Corthay" and with no distortion, modification or alteration.
At the present time, only the following is authorized: the use or reproduction on paper of all documents published on the Internet site exclusively for personal and private non-commercial use, provided that their content is respected, particularly without any modification and with an indication of the source.
Any other form of representation or reproduction of this Internet site or of any of its elements, by any process whatsoever, would constitute copyright infringement.
The content of this Internet site constitutes, in the terms of the law, an intellectual work and is thereby protected by copyright. The term content is to be understood in a wide sense, including in particular texts, illustrations, page format and data bases.
- Brands, domain names, designs and models
Any use whatsoever of the brand names, logos, domain names, designs and models of this site, including but not limited to Corthay, and trade names owned by Corthay and /or its partners, is prohibited without the authorization of the right holders.
- Hypertext links
This Internet site may contain hypertext links to third party Internet sites, who may or may not be partners. The third party Internet sites are not under Corthay's control, and Corthay declines all responsibility relating to their content, updates that may be made to them, or any communication relating to the customer sent by the said Internet sites.
The insertion of such links in the Internet site does not constitute any approval of their content by Corthay.
Corthay is not responsible for the hyperlinks that may be directed towards its site or in general, and prohibits, unless authorised in advance in writing, any link toward its site. Accordingly, Corthay may request the removal of any link to its site, even if the said link was previously authorized.
18. Personal data
In the context of the use of the website www.corthay.com, Corthay collects personal data.
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by Corthay as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected only for the execution of the sales contract.
The customer is invited to consult Corthay's personal data privacy policy in order to obtain any information concerning, in particular, the information collected, the purpose of this collection and the means at his disposal to access, modify or delete this information.
In addition, in accordance with the provisions of Article L 223-2 of the Consumer Code, Corthay informs the customer that they have the right to register on the list opposing the "Bloctel" telephone solicitation, accessible on the website http://www.bloctel.gouv.fr/.
19. Cookies
The website www.corthay.com uses cookies to distinguish the customer from other users of this service, allowing Corthay to customise its services and optimise the customer's experience on www.corthay.com.
20. Agreement on proof
It is expressly agreed that, except in the event of a manifest error made by Corthay, the data conserved in Corthay's information system is authentic with regard to orders placed by the customer. Data on computerized or electronic media are considered valid proof, and as such are admissible in the same conditions and with the same authenticity as any document established, received or conserved in writing.
E-mails and postal letters are equally valid as conclusive evidence.
21. Applicable law and jurisdiction
THESE GENERAL TERMS AND CONDITIONS OF SALE ARE WRITTEN IN FRENCH AND ARE SUBJECT TO FRENCH LAW.
This version of the general terms and conditions of sale has been translated from French for information purposes only, and does not replace the original. In the event of a dispute, only the French text shall prevail.
In accordance with article L 612-1 of the consumer code, the customer may use consumer mediation to resolve any dispute he may have with Corthay, provided that (i) he has first contacted Corthay Customer Service in writing and no solution has been found and (ii) his complaint is not manifestly unfounded or abusive.