Terms of sale

GENERAL TERMS OF SALE 

Article 1 – Entire Agreement

If a sales condition is missing, it shall be considered governed by the prevailing practices in the distance selling sector whose companies are based in France.

These general terms and conditions represent the entirety of the obligations between the parties. As such, the buyer is deemed to accept them without reservation.

They apply to the exclusion of all other conditions, particularly those applicable to in-store sales or through other distribution and marketing channels. They are available on the website www.coucousuzette.com and shall prevail, if applicable, over any other version or conflicting document.

The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to occasionally amend its general terms and conditions, with any amended version becoming immediately applicable to any order placed after it is published online.

If a sales condition is missing, it shall be considered governed by the prevailing practices in the distance selling sector whose companies are based in France.

Article 2 – Purpose

These general terms and conditions are intended to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer via the website www.coucousuzette.com.

Article 3 – Pre-contractual Information

3.1 The buyer acknowledges having received, prior to placing the order and entering into the contract, in a clear and comprehensible manner, these general terms and conditions of sale, along with all the information listed in Article L.111-1 of the French Consumer Code.

3.2 The following information is provided to the buyer in a clear and understandable manner:

• the essential characteristics of the goods;
  
  
• the price of the goods;
  
  
• if the contract is not executed immediately, the date or deadline by which the seller commits to delivering the goods, regardless of the price;
  
  
• information regarding the seller’s identity, postal, telephone, and electronic contact details, business activities, legal warranties, functionalities of digital content and, if applicable, its interoperability, the existence and terms of warranties, and any other contractual conditions.
  
  

3.3 The seller provides the buyer with the following information:

• the seller’s name or corporate name, the geographical address of the place of business and, if different, that of the registered office, telephone number, and email address;
  
  
• terms of payment, delivery, and performance of the contract, as well as the procedures established by the seller for handling complaints;
  
  
• the existence and procedures for exercising the legal guarantee of conformity as set out in Articles L.217-4 to L.217-14 of the French Consumer Code and the warranty against hidden defects provided in Articles 1641 and following of the French Civil Code.
  
  

3.4 With regard to digital content, the seller indicates any relevant interoperability of this content with certain hardware or software that the seller has or should reasonably be expected to have knowledge of.

Article 4 – Orders

The buyer may place an order online, from the online catalog and using the form provided therein, for any product, subject to availability. In the event a product ordered is unavailable, the buyer will be informed by email.

To validate the order, the buyer must accept these general terms and conditions by clicking in the designated area. They must also select the delivery address and method, and finally confirm the payment method. The buyer will receive a confirmation email once the order is validated.

The sale shall be considered final:

• after the seller sends the buyer an email confirming acceptance of the order; and
  
  
• after the seller has received full payment.
  
  

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the context of a possible exchange or within the framework of the guarantees mentioned below.

The buyer must ensure the accuracy of their contact details (postal address, email address, etc.). In certain cases—such as failure to pay, incorrect address, or other issues related to the buyer’s account—the seller reserves the right to block the order until the issue is resolved.

The cancellation of the product order and any potential refund will then be carried out, while the remainder of the order will remain firm and final.

For any questions regarding order tracking, the buyer may contact us at the following address: contact@coucousuzette.com.

Article 5 – Electronic Signature

The online provision of the buyer’s bank card number and the final validation of the order shall constitute proof of the buyer’s agreement: — to the payment of the amounts due under the purchase order,
— and to the express signature and acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited to contact us as soon as such use is detected, at: contact@coucousuzette.com.

Article 6 – Proof of Transaction

Computerized records, stored in the seller’s computer systems under reasonably secure conditions, shall be considered as proof of communications, orders, and payments made between the parties.
Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.

Article 7. - Product Information

The products governed by these general terms and conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered subject to availability.

The products are described and presented with the utmost accuracy, and the product photographs are as faithful as possible. However, they cannot guarantee a perfect similarity with the item offered, particularly regarding colors. Minor differences in color or screen rendering shall not hold the seller responsible.

Article 8. – Price

The seller reserves the right to modify its prices at any time but commits to applying the rates in effect at the time the buyer validates their order, subject to the availability of products on that date. Prices are listed in euros. They do not include delivery fees, which are charged additionally and displayed before the final order confirmation. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the price of products in the online store. Orders to countries outside the European Union are shipped VAT-exempt; the buyer will be required to pay the VAT of their country upon delivery.

Full payment of the price must be made at the time of the order. At no time will the amounts paid be considered as deposits or down payments. If any taxes or contributions, including environmental ones, are introduced or modified, whether increased or decreased, such changes may be reflected in the sales price of the products, in accordance with the legislation in force.

Article 9. – Payment Method

Placing an order on the Website implies payment by the buyer. The full amount must be paid before the products are shipped.

To pay for the order, the buyer has the option to choose from the payment methods made available by the seller and listed on the seller’s website, including:

• Credit card (Visa, Mastercard, etc.)
  
  
• PayPal
  
  
• Apple Pay
  
  

The buyer guarantees that they have the necessary authorizations to use the chosen payment method when confirming the order.

The seller reserves the right to suspend any order processing, shipment, and/or delivery in the event of a refusal of payment authorization by the accredited payment organizations or in the case of:

• Refusal of payment authorization by the accredited payment organizations;
  
  
• Non-payment or dispute related to a previous payment;
  
  
• Risk of fraudulent use of payment details.
  
  

The seller particularly reserves the right to refuse to deliver or fulfill an order from a buyer who has not fully or partially paid for a previous order, or with whom a payment dispute is ongoing. The seller has implemented an order verification procedure to ensure that no one uses someone else’s payment details without their knowledge.

As part of this verification, the buyer may be asked to send a copy of an ID and a proof of address via email to the seller. The order will only be validated after the seller receives and verifies the submitted documents.

These documents will be processed in accordance with Regulation (EU) 2016/679 (GDPR) and only to the extent necessary for verifying the buyer’s identity. They will be kept for the period strictly necessary to complete the order or finalize any potential dispute resolution, and then deleted or anonymized.

Payment of the price is due at the time of the order. The amounts paid are not considered as deposits or down payments. Payments made by the buyer are considered final only once the amounts have been actually received by the Seller.

Article 10. – Product Availability – Refund – Termination

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the homepage of the site, shipping times will, subject to product availability, be as indicated below. Shipping times begin from the date of order registration, as indicated in the order confirmation email.

For deliveries within mainland France, the shipping time is 2 to 5 business days from the day after the buyer places the order.

For deliveries within the European Union, the shipping time is 5 to 8 business days from the day after the buyer places the order.

For deliveries to non-EU countries, the shipping time is 7 to 15 business days from the day after the buyer places the order.

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, request the seller to fulfill the contract within a reasonable additional time. If the seller fails to fulfill the contract by the end of this new deadline, the buyer may freely terminate the contract. The buyer must carry out these successive formalities by registered letter with acknowledgment of receipt or by written communication on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or written notice informing them of this termination, unless the professional has performed in the meantime. However, the buyer may immediately terminate the contract if the dates or deadlines mentioned above are considered an essential condition of the contract for them. In this case, when the contract is terminated, the seller is obliged to refund the buyer the full amount paid, at the latest within 14 days from the date the contract was terminated.

In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice to request either a refund of the amounts paid, within 14 days at the latest following their payment, or an exchange of the product, when possible.

Article 11. – Delivery Terms

Delivery is understood as the transfer of physical possession or control of the goods to the consumer. It is only made after payment confirmation by the seller's bank. The ordered products are delivered according to the following methods that the buyer selects at the time of the order: Chronopost, Mondial Relay for mainland France, DHL, DPD depending on local availability.

The products are delivered to the address provided by the buyer on the order form, and the buyer must ensure its accuracy. In the case of an incorrect or incomplete delivery address attributable to the buyer, return and redelivery fees will be charged to the buyer. Upon request, the buyer may receive the invoice at the billing address rather than the delivery address by selecting the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the courier will leave a delivery notice in the mailbox, allowing the buyer to collect the parcel from the designated location within the indicated time frame. If, at the time of delivery, the original packaging is damaged, torn, or open, the buyer must check the condition of the items. If the items are damaged, the buyer must refuse the package and note a reserve on the delivery slip (package refused because it was open or damaged).

The buyer is advised to indicate any anomalies regarding the delivery on the delivery slip in the form of handwritten reservations, signed by them (damage, missing product compared to the delivery slip, damaged package, broken products, etc.).

Article 12. – Transfer of Risks

The transfer of ownership will only occur after full payment of the price by the buyer, regardless of the delivery date.

Delivery is considered completed once the ordered products are handed over by the seller to the buyer or to a third party designated by the buyer.

Article 13 – Legal Guarantee of Conformity and Guarantee Against Hidden Defects

Coucou Suzette – 34 rue du Mont Thabor – 75001 Paris - France is responsible for the conformity of the goods to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-14 of the French Consumer Code, or under the guarantee against hidden defects in accordance with Articles 1641 and following of the French Civil Code.

In the event of invoking the legal guarantee of conformity, it is reminded that:

— the buyer has a period of 2 years from the delivery of the goods to take action;
— the buyer may choose between repair or replacement of the non-conforming goods, provided that this choice does not result in a clearly disproportionate cost for Coucou Suzette (Article L.217-9 of the Consumer Code);
— the buyer is not required to prove the existence of the lack of conformity during the 24 months following the delivery of the goods;
— the buyer may decide to invoke the guarantee against hidden defects as defined by Article 1641 of the Civil Code. In this case, the buyer may choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the Civil Code.

These guarantees do not cover damages resulting from abnormal use, impact, lack of maintenance, or failure to follow the care instructions provided on the packaging or on the seller’s website. In case of a claim, the buyer is invited to contact Coucou Suzette (customer service) as soon as possible, indicating the nature of the defect and providing any proof of purchase (invoice, order number).

Coucou Suzette may, if necessary, examine the product (photos, return request, etc.) to verify whether the product complies with the legal conditions.

Please note that the return, exchange, or refund conditions may differ when the purchase was not made directly through Coucou Suzette’s official website, and that these Terms and Conditions only apply to purchases made via www.coucousuzette.com.

Normal wear and tear: Products offered by Coucou Suzette (socks, hair clips, etc.) are designed for regular use in accordance with the care instructions provided (labels, instructions, website). Over time, signs of wear may appear (micro-cracks, scratches, loss of elasticity, fading, etc.) due to natural causes related to use, wearing, or repeated washing. These signs of normal wear (corresponding to the usual lifespan of the product) cannot, in themselves, be considered as a lack of conformity.

Lack of conformity: However, if the buyer notices an abnormal defect (hole, scratch, discoloration, rust, breakage, tear, deformation, etc.) that appears prematurely and is not due to misuse or improper maintenance, they may contact Coucou Suzette. In accordance with the legal guarantee of conformity, the buyer may be asked to provide evidence (photos, explanation of usage conditions) so that the seller can determine whether it is indeed a conformity defect covered by the guarantee.

Article 14. – Right of Withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of their order to return any item that does not meet their expectations and request a refund without penalty, except for the return shipping costs, which remain the responsibility of the buyer (if the entire order is not returned).

The products must be returned in their original packaging and in perfect condition within 14 days of notifying the seller of the buyer's decision to exercise their right of withdrawal.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice to the following address: MOBILTRON – Coucou Suzette – Returns – 31 Rue de Châteaubriand – 35370 Argentré-du-Plessis – France. Damaged, soiled, or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on the website www.coucousuzette.com. In this case, an acknowledgment of receipt on a durable medium will be immediately sent to the buyer. Any other form of withdrawal declaration is also accepted. It must be clear and express the buyer’s intention to withdraw.

In the case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased as well as the delivery costs will be refunded. Return costs are the responsibility of the buyer in the event of withdrawal, unless the product is non-compliant, in which case these costs will remain the responsibility of Coucou Suzette.

In the case of withdrawal, the refund will be made no later than 14 days from the date the seller is informed of the buyer's decision to withdraw. However, the seller may also choose to delay this refund until the product(s) are recovered.

In the case of partial withdrawal on an order containing multiple products, the buyer will be refunded the price of the returned product(s) as well as, if applicable, a portion of the initial shipping costs, if the buyer can prove they paid an additional cost related to the product in question.

For any purchase made from a third-party distributor (physical store, partner website, marketplace, etc.), the buyer is encouraged to first contact the seller to exercise their rights and guarantees. However, Coucou Suzette remains available to the customer to help resolve potential disputes or provide additional information about the products (within the limits of its contractual commitments).

Article 15. – Force Majeur

Any circumstances beyond the control of the parties that prevent the normal execution of their obligations are considered as grounds for exemption from the obligations of the parties and result in their suspension. The party invoking the above-mentioned circumstances must immediately inform the other party of their occurrence and their cessation.

Force majeure events will include all irresistible events or circumstances that are external to the parties, unpredictable, unavoidable, independent of the will of the parties, and that cannot be prevented by them, despite all reasonable efforts. Specifically, the following are considered as force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals: transportation or supply blockages, earthquakes, fires, storms, floods, lightning, network shutdowns, or difficulties related to external telecommunications networks.

The parties will consult with each other to assess the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts more than three months, these general terms and conditions may be terminated by the affected party.

Article 16. – Intellectual Property

The content of the website, including but not limited to: texts, images, photographs, illustrations, graphic charters, logos, designs, models, and any other communication element or medium, is the exclusive property of Coucou Suzette or its contractual partners and is protected by French and international intellectual property laws.

The brand "COUCOU SUZETTE" is registered and remains the exclusive property of Coucou Suzette. Any reproduction, use, or application of the brand, without prior, express, and written permission from Coucou Suzette, constitutes an act of infringement subject to civil and/or criminal proceedings.

Similarly, any total or partial reproduction, modification, or use of any or all of these elements, for any reason and on any medium, without the prior written consent of Coucou Suzette, is strictly prohibited.

The buyer agrees not to make any use of these contents or infringe, directly or indirectly, on Coucou Suzette’s intellectual property rights.

Article 17. – Data Protection and Privacy

The personal data provided by the buyer is necessary for processing their order and issuing invoices. This information may be communicated to the seller’s partners responsible for the execution, processing, management, and payment of orders.

The collected information may be used to send the buyer information regarding promotional or advertising operations of coucousuzette.com. When providing their contact details, the buyer can choose not to subscribe to the newsletter by not checking the relevant box. The buyer may also unsubscribe at any time by clicking the link provided in the emails or by contacting coucousuzette.com.

All information regarding compliance with the General Data Protection Regulation (GDPR) (EU Regulation 2016/679) by coucousuzette.com is available on the website on the “Personal Data and Privacy Policy” page.

The buyer has a permanent right of access, modification, rectification, and opposition regarding their personal data. This right can be exercised under the conditions and according to the procedures outlined in the “Personal Data and Privacy Policy” section.

For any inquiries related to the protection of your data, you can contact us at: marketing@coucousuzette.com.

Article 18. – Partial Invalidity

If one or more provisions of these general terms and conditions are deemed invalid or declared so under the application of a law, regulation, or following a final decision by a competent court, the other provisions will remain fully valid and enforceable.

Article 19. – Non-Waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations outlined in these general terms and conditions shall not be interpreted as a waiver of the obligation in question for the future.

Article 20. – Headings

In the event of any difficulty in interpreting any of the headings at the beginning of the clauses and any of the clauses themselves, the headings shall be considered as non-existent.

Article 21. – Language of the Contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 22. – Consumer Mediation

In accordance with articles L.616-1 and R.616-1 of the Consumer Code, our company has implemented a consumer mediation system. The mediation entity chosen is: SAS CNPM - MÉDIATION - CONSOMMATION. In the event of a dispute, the consumer can submit their complaint on the website: http://cnpm-mediation-consommation.eu or by mail at:

CNPM - MÉDIATION – CONSOMMATION
27, avenue de la Libération – 42400 SAINT-CHAMOND

Article 23. – Governing Law

These general terms and conditions are governed by French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer will first contact the seller and their customer service to seek an amicable solution. French courts will have exclusive jurisdiction.

ANNEX 1 – Provisions Relating to Legal Guarantees

Reproduction of Articles L. 217-4, L. 217-5, L. 217-12 of the French Consumer Code and reproduction of Articles 1641 and 1648 of the French Civil Code.

ANNEX 2 – Withdrawal Form

ANNEX 1
FRENCH CONSUMER CODE

Article L217-4
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when such was made their responsibility under the contract or was carried out under their responsibility.

Article L217-5
To conform to the contract, the goods must:
1° Be suitable for the use normally expected of similar goods and, where applicable:

• correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
  
  
• present the qualities that a buyer might legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
  2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by them.
  
  

Article L217-12
The action resulting from a lack of conformity is time-barred after two years from the date of delivery of the goods.

FRENCH CIVIL CODE

Article 1641
The seller is bound by a warranty on account of hidden defects in the item sold that render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of the defects.

Article 1648
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be initiated, under penalty of foreclosure, within one year from the date on which the seller can be discharged from apparent defects or non-conformities.

WITHDRAWAL FORM

You have the right to withdraw from this contract without giving any reason within 14 days.

The withdrawal period will expire 14 days after the day on which you, or a third party other than the carrier and indicated by you, takes physical possession of the good(s), or in the case of multiple goods ordered in a single order and delivered separately, possession of the last good.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post, fax, or email). You may also fill in and submit the model withdrawal form on our website www.coucousuzette.com. If you use this option, we will promptly send you an acknowledgment of receipt of your withdrawal on a durable medium (e.g. by email).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (except for any additional costs arising if you chose a delivery method other than the least expensive standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

You shall send back or hand over the goods to the following address:
MOBILTRON – Coucou Suzette – Returns
31 Rue de Châteaubriand - 35370 Argentré-du-Plessis – France,
without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will bear the direct cost of returning the goods.

Please complete and return this form by email to contact@coucousuzette.com only if you wish to withdraw from the contract.

To the attention of: [Company name and address]

I/We () hereby give notice that I/we () withdraw from my/our (*) contract of sale of the following goods:

• Ordered on () / received on ():
  
  
• Name of consumer(s):
  
  
• Address of consumer(s):
  
  
• Date:
  
  
• Signature of consumer(s) (only if this form is notified on paper):
  
  

(*) Delete as appropriate.