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.

COMPTOIR DE L’HOMME
93, Rue Ampère
75017 PARIS
FRANCE
Siren : 487 471 252 RCS Paris

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.

4.1. Prices

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.

4.2. Product Characteristics

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.

4.3. Order

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.

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.

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.

7.1. General Rules

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.

7.2. Characteristics of the Colissimo Suivi de la POSTE System

The package is delivered to the home of the Buyer or Addressee or at the selected address (office etc.) by the Postal Service (La Poste). If no one is present, the post office employee leaves a non-delivery notice for the Buyer or addressee allowing the withdrawal of the package from the closest post office within a two week period.

Should the buyer have any doubt as to the nature, be it the condition or content of the package, he/she is required:
- to apply the Colissimo procedure (in particular notify any damages due, any claims and reservations) and to refuse the merchandise by immediately issuing a bad order report to the Post Office employee (report 170).
- to notify these incidents to Comptoir de l’Homme.

7.3. Characteristics of Delivery by Chronopost

Deliveries are made to the Buyer’s home by the Chronopost delivery person and the Buyer signs an acknowledgement of receipt.

If no one is present, the Chronopost employee leaves a non-delivery notice for the Buyer or addressee allowing withdrawal of the package from the closest post office within a two-week period.

The Buyer is required to verify the condition of the package and the number of packages delivered in the presence of the delivery person.

In case of doubt, the Buyer is required to refuse the package and notify the incidents to Comptoir de ‘l’Homme.

7.4 Delivery Times

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

No damages, withholding or cancellation of the order may be applied by the Buyer for any times not complied with.

In any case, and in accordance with the provisions of article L. 121-20-3 of the French Consumer Code, the products ordered shall be delivered within a maximum lead time of thirty days from the day following the day the Buyer placed the order, subject to payment of the full price.

If delivery has not been made when this lead-time expires, the Buyer shall be entitled to cancel the order. The amounts paid by the Buyer shall then be returned immediately, excluding any other indemnification.

In the event the delivery is late with regard to the initially set date, the Buyer shall notify this in writing (post, fax, e-mail) to Comptoir de l’Homme in order to improve the service offered and allow Comptoir de l’Homme to make enquiries at the carrier’s.

Enquiries at the Carrier’s may last up to 21 business days. If during this time the product is found, it will be immediately rerouted to the place of delivery designated on the order form.

On the other hand, if the product ordered is not found at the end of this 21-day enquiry period, Comptoir de l’Homme will issue a new shipment of the products ordered by the Buyer at its expense.

If the product ordered is no longer available, the provisions of article 8 shall be applied. In the event of a product exchange, the delivery costs shall be borne by the Customer.

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
CUSTOMER SERVICES
93 rue Ampère
75017 PARIS
FRANCE

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
CUSTOMER SERVICES
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.

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.

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.

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

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.

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.

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.

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.

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.

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.

Order analysis (Detection of fraud):

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.