1. Purpose

2. Corporate Identity

3. Site Access

4. Contract Formation and Orders

5. Payment

6. Choice of Products

7. Delivery and Receiving

8. Delivery Problems due to Carrier

9. Delivery Errors

10. Product Warranty

11. Right of Retraction

12. Ownership

13. Responsibility

14. Force majeure

15. Partial Non-validity

16. Waiver

17. Applicable Law and Juridiction

18. Information Technology and Freedom

19. FIA-NET Insurance

The purpose of these general terms and conditions of sale is on the one hand to inform any possible consumer of the terms and conditions in which the seller makes the sale and delivers the products sold and, on the other, to specify the rights and obligations of the parties in the framework of the sale of the products by the seller to the consumer. They apply without restriction and unconditionally to all sales by Comptoir de l’homme of the products and services offered on its web site www.comptoirdelhomme.com.

Accordingly, whenever any person orders a product or service offered for sale on the web site of Comptoir de l’Homme,www.comptoirdelhomme.com , this implies their full and entire acceptance of the general terms and conditions of sale which the Buyer acknowledges having read prior to ordering.

The products are offered for sale in the following territory: Continental France and Corsica.

Prior to ordering, the Buyer states that:

• - - the purchase of products on the web site of Comptoir de l’Homme, www.comptoirdelhomme.com, has no direct connection with his/her professional activity and is limited to strictly personal use;
• - he/she has the legal ability to bind him/herself pursuant to these general terms and conditions of sale.

Comptoir de l’Homme reserves the right to modify these general terms and conditions of sale at any time.

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COMPTOIR DE L’HOMME
93, Rue Ampère
75017 PARIS
FRANCE
Siren : 487 471 252 RCS Paris
Simplified joint-stock company(Société par actions simplifiée) with registered capital of €314.210
VAT individual number: FR58 487 471 252

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The Buyer shall be responsible for setting up the information technology and telecommunications resources allowing access to the web site of Comptoir de l’Homme, www.comptoirdelhomme.com.

The Buyer shall pay the telecommunication expenses related to site access and use.

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The retail prices of the products on-line on the web site of Comptoir de l’Homme, www.comptoirdelhomme.com indicated in euros, are those in effect at the time the order form is registered by the Buyer.

They do not include shipping costs, invoiced additionally to the price of the products purchased according to the amount of the order. Shipping costs will be indicated before the order is confirmed by the Buyer.

Prices include value added tax (VAT) applicable on the day of the order and any change in the applicable rate shall be automatically applied to the price of the products sold by Comptoir de l’Homme on its web site, www.comptoirdelhomme.com.

The retail price of the products can be modified by Comptoir de l’Homme at any time. This modification shall be notified to the Buyer before any order.

In accordance with article L. 111-1 of the French Consumer Code, prior to ordering, the Buyer can obtain information on the essential characteristics of the product(s) he/she wishes to purchase on the Comptoir de l’Homme web site, www.comptoirdelhomme.com.

The Buyer selects one or more products among the different categories proposed on the Comptoir de l’Homme web site, www.comptoirdelhomme.com.

The offers presented by Comptoir de l’Homme are valid within the limits of available stock. For products not stored in its warehouses, the offers presented by Comptoir de l’Homme are valid subject to availability at its suppliers’.

Comptoir de l’homme reserves the right to modify the assortment of products according to supplier-related constraints in particular.

The photographs, graphics and descriptions of the products offered for sale are indicative only and in no way bind the seller.

Should a supplier modify a product, its graphic representation shall not incur the liability of the seller or affect the validity of the sale.

Nickel brand products distributed through this site can only be ordered through this web site, www.comptoirdelhomme.com, and they are reserved for and delivered exclusively to users domiciled in France. The capacity of Certified Distributor of its products over the Internet was expressly granted by the Nickel company.

Any order placed entails the unrestricted and unconditional acceptance of these general terms and conditions of sale.

To validate the order, the Buyer must check the ‘’I have read and accept the general terms and conditions of sale’’ box. It is then considered that the Buyer has unconditionally and with full knowledge accepted these general terms and conditions of sale, the prices, volumes and quantities of products offered for sale and ordered.

The Buyer’s order shall be confirmed by Comptoir de l’Homme by e-mail at the latest at the time of delivery or, failing this, at the address indicated by the consumer on the order form.

The sale shall only be considered final after Comptoir de l’Homme has sent the order confirmation to the Buyer and collected the entire price.

Comptoir de l’Homme recommends that the Buyer keeps a paper or electronic copy of this information.

The computerized registers, stored in the Information Systems of Comptoir de l’Homme in reasonable security conditions, shall be considered proof of the communications, orders and payments made between the parties. The order forms and invoices shall be archived on a reliable and durable medium that can be provided as proof.

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Payment shall be made when the Buyer orders. At no time, shall the amounts paid be considered a deposit or partial payment.

All orders are payable in euros.

The following payment methods are available to the Buyer to pay for his/her order: bank card (see details below), credit/on-line gift certificate, paypal. The following bank cards are accepted on the web site: French Carte Bleue, Visa, MasterCard and American Express.

Credits/on-line gift certificates are issued exclusively by Comptoir de l’Homme and usable only on its web site,www.comptoirdelhomme.com. They are not exchangeable nor reimbursable.

The Buyer warrants to Comptoir de l’Homme that he/she has the authorizations necessary to use the payment method selected when confirming the order.

Comptoir de l’Homme reserves the right to suspend or cancel any order and/or delivery, whatever its nature and execution level, in the event of non-payment of any amount due by the Buyer or in the event of a payment incident.

Penalties in an amount equal to the legal interest rate plus five points shall be applicable without the need for further formalities to unpaid amounts upon notification of rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in the event of a late payment of a previous order and notwithstanding the provisions of these general terms and conditions of sale.

Comptoir de l’Homme reserves the right to request a photocopy of the identity card of the Buyer for any payment by bank card.

Information relating to the Buyer’s order may be transmitted to a third party for verification to combat Internet fraud.

To ensure the security of payment by bank card, the customer shall be obliged to transmit to Comptoir de l’Homme the visual cryptogram (VVC) of his/her bank card.

Comptoir de l’Homme uses a secured payment tool: The secured Electronic Payment Terminal (EPT) of the Neuflize OBC bank. Payment security is based on the authentication of the merchant, which is Comptoir de l’Homme, and the confidentiality of all the data. To assure this security the secured EPT of the Neuflize OBC bank uses proven cryptography techniques and complies with different banking regulations.

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The Buyer, having obtained knowledge of the products, and of their characteristics, marketed by Comptoir de l’Homme, is solely liable for the choice of the product(s) in the order, made according to his/her needs as previously determined prior to placing that order. Furthermore, the Buyer, alone aware of the products he/she has in his/her possession and which he/she uses, is the sole judge of the compatibility of the products ordered with those used by him/her.

Should the Buyer feel not entirely competent, he/she shall be exclusively responsible for obtaining advisory assistance.

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The products shall be delivered at the address indicated by the Buyer on the order form.

No invoice will be sent by post. The invoice of an order is downloadable and printable from the Buyer’s account page on www.comptoirdelhomme.com.

The billing address is the one chosen by the Buyer.

Unless the procedures below are followed, no claim by the Buyer shall be accepted.

The parcel containing the ordered and paid products is deposited in the letterbox at the delivery address. In the case where the letterbox is of insufficient size, the parcel is directly handed over to the Buyer, to the Addressee of the order or, at the discretion of the postal services, to any person who is duly allowed to collect the parcel by the Buyer.

When the parcel has not been delivered for such reasons as the insufficient size of the letterbox and / or the absence of the Addressee, the post office employee leaves a non-delivery notice for the Buyer or Addressee allowing the withdrawal of the parcel from the post office indicated on the notice within a two-week period.

After this period, the parcel will be returned to COMPTOIR DE L'HOMME.

No claim concerning the delivery is possible if the parcel is considered as being delivered by La Poste's (French Mail) computer system.

Upon delivery, an acknowledgement of receipt is signed by the Buyer or the Addressee of the order.

This acknowledgement of receipt is proof of delivery of the ordered products by Comptoir de l'Homme to the recipient.

If no one is present, the post office employee will leave a non-delivery notice for the Buyer or Addressee allowing the withdrawal of the parcel from the post office indicated on the notice within a two-week period.

After this period, the parcel will be returned to COMPTOIR DE L'HOMME.

No claim concerning the delivery is possible if the parcel is considered as being delivered by La Poste's (French Mail) computer system.

Upon delivery by UPS, an acknowledgement of receipt is signed by the Buyer or the Addressee of the order. This acknowledgement of receipt is proof of delivery of the ordered products by Comptoir de l'Homme to the recipient.

If no one is present, a non-delivery notice will be left at the Buyer's or Addressee's address by UPS, stating that delivery has been attempted. The Buyer or Addressee has the possibility to contact UPS and arrange for another delivery date.

Furthermore, UPS will make two additional attempts to deliver the parcel on the two following business days. If the parcel has still not been delivered after these three attempts, the Buyer or Addressee will be informed that the parcel is held at the local UPS depot for five days. The Buyer or Addressee can collect the parcel from this local depot.

After this period, the parcel will be returned to COMPTOIR DE L'HOMME.

No claim concerning the delivery is possible if the parcel is considered as being delivered by La Poste's (French Mail) computer system.

Delivery times, after the validation of your order, are indicated at the following page : see delivery times and cost. These delivery times are indicative.

Ces délais sont communiqués à titre indicatif.

In case of delay exceeding 7 days after the purchase and not due to a case of force majeure, the Buyer can cancel the order by sending a registered letter by post with acknowledgement of receipt at the following address:
COMPTOIR DE L'HOMME
93, Rue Ampère
75017 PARIS.

Comptoir de l’Homme will then proceed with an investigation with the shipping company responsible for the delivery before refunding the non delivered products.

The Buyer is entitled to exercise his or her right to cancel the order for failure of delivery within the contractual period, and within a period of 60 working days after the maximum number of delivery days indicated above. The order will be considered as cancelled once Comptoir de l’Homme receives the Buyer’s letter and if the order has not been received by the Buyer in the meantime.

The Buyer will then be totally refunded if the entire order has been sent back or if the investigation concludes that the shipment has been lost. All sums paid will be refunded, either as a credit voucher or a refund, at the option of the Buyer, with the shortest possible delay and no later than 30 days after the beginning of the cancellation procedure initiated by the Buyer.

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Any problem concerning the delivery (average, missing product compared to delivery note, damaged package, broken products etc.) must imperatively be indicated on the delivery note in the form of "handwritten reservations", accompanied by the client’s signature. At the same time, the Consumer shall confirm this anomaly by sending a registered letter with acknowledgement of receipt listing the complaints to the carrier within two (2) business days of the date of delivery. The Consumer shall transmit a copy by fax or post to:

COMPTOIR DE L'HOMME – SERVICE CLIENT
93 rue Ampère
75017 PARIS
FRANCE

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On the day of delivery, or the latest the first business day after delivery, the Consumer will inform Comptoir de l’Homme about its complaint regarding a delivery error and/or nonconformity of the products, type or quality, compared to the indications found on the order form. Any claim made beyond this deadline will be denied.

Any return must be notified to the Comptoir de l’Homme Customer Service department: by telephone at +33 1 78 94 04 50 from Monday to Friday or by e-mail 24 hours a day from all countries delivered at the following address: contact@comptoirdelhomme.com.

Customers are reminded that to return an item, the instructions below must be followed:

1. Contact our Customer Service department by phone +33 1 78 94 04 50 or by email to validate the procedure:
contact@comptoirdelhomme.com.
2. Use the original packaging to return the product.
3. Fill out the Delivery Note by mentioning the product(s) you are returning. Comptoir de l’Homme does not accept any return without a Delivery Note.

4. Send the package to the following address: COMPTOIR DE L'HOMME – SERVICE RETOUR
93 rue Ampère
75017 PARIS
FRANCE

Please note that we do not accept parcels sent carriage forward.

Any risk connected with a product return shall be the Buyer’s. If the procedure above and the lead times indicated are not complied with, the Buyer will not be able to make any claim for nonconformity or visible defect of the products delivered, the products then being deemed conforming and free of any visible defect.

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In accordance with Article 4 of French Decree n°78-464 of March 24, 1978, the provisions of these general terms and conditions of sale cannot deprive the consumer of the legal warranty that obliges the professional seller to provide the consumer with a warranty concerning the consequences of hidden defects in items sold. The Consumer is expressly informed that Comptoir de l’Homme is not the manufacturer of the products sold on its web site, within the meaning of French Act no. 98-389 of May 19, 1998 relating to liability for defective products. Accordingly, in the event of damage caused to a person or good by a product defect, only the liability of the manufacturer of that product may be claimed by the Consumer on the basis of the information found on the packaging of said product.

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In accordance with article L. 121-20 of the French Consumer code, the Buyer has a period of seven full days from the date of receipt to return the products ordered for reimbursement.

The products must imperatively be returned to Comptoir de l’Homme in perfect retail condition, in their original state (packaging, accessories, insert etc.), duly sealed and accompanied by the Return Form signed according to the procedure described in article 9 above.

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Comptoir de l’Homme shall retain full ownership of the products sold until their price has been collected in full, tax and costs included.

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COMPTOIR DE L’HOMME ne pourra être tenue pour responsable de l'inexécution du contrat en cas de rupture de stock ou indisponibilité du produit du fait d'un cas de force majeure, de perturbation ou grève totale ou partielle notamment des services postaux et moyens de transport et/ou communications.

Comptoir de l’Homme may not be held liable for the failure to execute the contract in case any product is out of stock or unavailable due to a case of force majeure, disruption or total or partial strike, in particular of the postal services and transport and/or communications means.

Comptoir de l’Homme may not be held liable for any indirect damage that might arise due to the purchase of the product.

Comptoir de l’Homme may not be held liable for any loss of data, files. The Consumer is responsible for all necessary back-ups.

The Comptoir de l’Homme web site also contains information from third parties and links to other web sites. Comptoir de l’Homme may in no case be held liable for any damage resulting from the use of, access to or inability to use this third party information, or from the content of other web sites.

COMPTOIR DE L'HOMME displays products online with as much precaution as possible by providing free information and could not be responsible for any inaccuracy, mistakes or omissions that would be seen on products’ descriptions provided by the manufacturer.

COMPTOIR DE L'HOMME cannot be considered responsible for typographical mistakes observed on the website. Moreover, pictures on the catalog describing the products are not contractual. Those pictures do not involve the responsibility of COMPTOIR DE L’HOMME, which is not responsible for mistakes and inaccuracy that would occur.

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Neither of the parties shall be deemed to have failed to fulfill their contractual obligations insofar as their execution is delayed, hindered or prevent by an unforeseen incident or a case of force majeure. An unforeseen incident or case of force majeure is any irresistible, unforeseeable, unavoidable event or circumstance, outside the parties, beyond their control that cannot be prevented by the parties, despite all reasonably possible efforts. The party affected by such circumstances shall notify the other party in the ten business days that follow the date on which it had knowledge thereof. The parties will then contact one another, within a period of one month, unless this is impossible due to the case of force majeure, to examine the incidence of the event and agree to the conditions in which the execution of the sale can be continued. If the case of force majeure lasts more than three months, these general terms and conditions of sale can be terminated by the injured party. Explicitly, in addition to those usually cited by legal precedent of French courts and tribunals, the following are considered cases of force majeure: blockage of transport or supply means, earthquake, fire, storms, flooding, lightning, stoppage of the telecommunication networks or difficulties proper to the telecommunication networks external to the clients.

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If one or more stipulations of these general terms and conditions of sale are deemed to be invalid or declared to be such in application of law, regulations or following a final decision handed down by a court with jurisdiction, the other stipulations shall continue to be enforced and valid.

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The fact that one of the parties fails to avail itself of the failure of the other party to fulfill any one of the obligations in these general terms and conditions of sale may not be construed in the future as a waiver of such obligation.

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Les The sale of the products of Comptoir de l’Homme is subject to French law. Any dispute relating to the interpretation, execution or breach of the contract between Comptoir de l’Homme and the Buyer, even in the case of multiple defendants, will, failing an amicable settlement, brought before the Courts of Paris, France.

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The information collected by Comptoir de l’Homme for any order by the Buyer is necessary for the management of the order by Comptoir de l’Homme and its commercial partners. In accordance with the French "Information Technology and Freedom (CNIL)" act, no. 78-17 of January 6, 1978, the Buyer has a right to access, rectify, oppose and delete the data concerning him/her with Comptoir de l’Homme.

Via Comptoir de l’Homme, the Buyer may receive commercial offers by other organizations or companies, or be informed of the offers of Comptoir de l’Homme.

If the Buyer wishes to receive these offers by e-mail, he/she must declare accepting to receive them (Opt-in) by checking the specially provided box.

If the Buyer does not wish to receive these offers by post, he/she must declare the refusal to receive them by checking the specially provided box.

Comptoir de l’Homme reserves the right to implant cookies in the computer of visitors to its web site. A cookie does not enable us to identify the customer. Generally, it records information relating to the browsing of the customer’s computer on our site (the pages consulted, the date and time of the consultation, etc.) that we will be able to read during subsequent visits. It contains information that the customer has just provided to us. Thus, on the customer’s next visit, there will be no need to fill out again the form proposed.

Comptoir de l'Homme allows Criteo to send its own cookies to the visitor's cookie file. Criteo will thus collect non-personal data relating to the visitors' internet activity ;
Criteo will collect and use these non-personal data in accordance with all applicable laws and regulations (including but not limited to laws governing privacy and data protection).
Access to Criteo privacy policy page.

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FIA-NET S.A processes information related to a customer order automatically. The purpose of this automated data processing is to define a level of analysis of a transaction and to combat bank card fraud.

FIA-NET S.A. and the merchant from whom the Buyer makes his/her purchase are the addressees of the data related to the Buyer’s order. The non-transmission of data relating to that order prevents the execution and analysis of the transaction.

A payment incident due to the fraudulent use of a bank card will entail the recording of the information related to the customer’s order associated with the payment incident in a payment incident file implemented by FIA-NET S.A. An irregular declaration or an anomaly may also be dealt with specifically.

In accordance with the Information and Freedom act of January 6, 1978 at any time customers have a right to access, rectify and oppose all their personal data by writing, by post and with proof of identity, to: FIA-NET - Service Informatique et Libertés - Traitements n°773061 et n°1080905 - 15 rue du Faubourg Montmartre, 75009 PARIS FRANCE ».

Evaluated Site - Premium Site:


A purchase from Comptoir de l'Homme offers customers the possibility of participating in the “evaluated site – premium site” operation organized by FIA-NET S.A.

Customers will be able to share their personal experience with us and with the community of cybernauts on the FIA-NET site, by filling out two satisfaction questions whose purpose is to measure the quality of service provided throughout the purchasing act.

These questionnaires are likely to be sent by FIA-NET or by Comptoir de l'Homme by e-mail or via a pop-up after the purchase. The information collected by these two questionnaires is automatically processed by FIA-NET S.A.
Partial answers or a failure to answer one or both of the satisfaction questionnaires will have no impact on the progress and processing of the order.

The nominative data collected via these satisfaction questionnaires is intended for FIA-NET S.A. and Comptoir de l'Homme.

Non-nominative data will be used by FIA-NET in accordance with regulations in force, in particular those dealing with the protection of personal data.

In accordance with the Information and Freedom act of January 6, 1978 at any time customers have a right to access, rectify and oppose all their personal data by writing, by post and with proof of identity, to:

FIA-NET Service Informatique et Libertés
Traitement N° 896150
15 rue du Faubourg Montmartre 75009 Paris
FRANCE.

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