Article 1. Entirety
Article 2. Purpose
Article 3. Scope
Article 4. Order
Article 5. Product Information
Article 6. Price
Article 7: Payment
Article 8. Delivery
Article 9. Right of cancellation, returns
Article 10. Guarantees
Article 11. Responsibility
Article 12. Force majeure
Article 13. Personal data
Article 14. Intellectual property rights
Article 15. Full terms and conditions
Article 16. Duration and application
Article 17: Applicable law and jurisdiction
This site is operated by the company DIGITAL-STORES.COM, SAS (simplified joint stock company) with a capital of €1,000,000, with its registered office at 6 B Rue Gabriel Laumain - 75010 PARIS (France), registered with the Paris Chamber of Commerce under B 533 631 248. These General Terms and Conditions of Sale apply to all orders placed with the DIGITAL-STORES.COM company for all items and services offered on the website www.catimini.com by non-commercial individuals (hereinafter “the Customer”). Consequently, any person ordering a product sold on the website www.catimini.com fully accepts the present General Terms and Conditions of Sale in their entirety, which the Customer acknowledges having read before ordering. The DIGITAL-STORES.COM company reserves the right to modify the General Terms and Conditions of Sale at any time.
Article 1. Entirety
These General Terms and Conditions of Sale represent the entirety of the parties’ obligations. In this sense, the Customer is deemed to have accepted without reservation all the provisions of these General Terms and Conditions of Sale. DIGITAL-STORES.COM undertakes for its part to fulfill its role of retailer within the framework of said conditions.
Article 2. Purpose
These General Terms and Conditions of Sale are intended to define the rights and obligations of the parties in connection with the online sale of goods and services offered by the DIGITAL-STORES.COM company to the Customer, from order to delivery, encompassing the payment and use of services provided by the DIGITAL-STORES.COM company.
Article 3. Scope
These General Terms and Conditions of Sale govern the sale of goods on the day the order is placed by the Customer. They apply to all of the remote methods of placing orders offered by DIGITAL-STORES.COM, regardless of whether the order has been placed online or by telephone.
Article 4. Order
All Customers of the DIGITAL-STORES.COM company hereby declare to have full legal capacity to bind themselves to the present General Terms and Conditions of Sale.
DIGITAL-STORES.COM reserves the right to cancel and refuse any order from a Customer with whom there exists, or which appears during processing of an order, a dispute, in particular a dispute over payment for a previous order.
By the Customer ticking the box marked “I have read and accept the General Terms and Conditions of Sale” before proceeding to payment, this constitutes an irrevocable and incontestable acceptance which can only be contested within the limits set out in these Terms and Conditions under the section “Right of cancellation”. By doing so, the Customer acknowledges that he or she has read and understood the present Terms and Conditions, and agreed to them.
A telephone purchase also implies acceptance of these Terms and Conditions and an acknowledgment of having read, understood and accepted the above Terms and Conditions.
The Customer can place an online order with the DIGITAL-STORES.COM company 24 hours a day and 7 days a week.
Call +33 3 52 52 62 14 (non-premium rate)
Monday to Friday, except bank holidays, from 9 a.m. to 6 p.m.
1. The ordering process consists of seven steps:
2. First, the Customer must select the product(s) he/she wishes to purchase.
3. The Customer must then confirm his shopping cart.
4. The Customer must then verify the products selected, with the color and size options and specify the required quantity.
5. The order can only be registered and processed if the Customer has clearly identified himself by either entering his email address and his personal password or by providing all the information required for online registration.
6. Once identified, the Customer must clearly indicate the information necessary for the delivery, in particular the exact delivery address and any possible restrictions of accessibility (building, floor, door code, etc.).
7. During the penultimate step, the Customer must then indicate the delivery method selected.
8. Finally, the Customer must indicate the method of payment selected in order to proceed to the payment of his order on the secure server, which formalizes the sales contract with DIGITAL-STORES.COM in a firm and final manner.
Any order implies the acceptance of prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below. The online entry on the form of one of our payment partners, of the bank card number and the final confirmation of the order by the Customer shall constitute proof of the order and current liability for payment of the amounts for products ordered.
An email is automatically sent to the Customer in order to confirm the order, provided that the email address indicated in the registration form does not contain any error.
The Customer can at any moment check the status of his order by consulting the heading “My account” on the www.catimini.com site.
For any questions concerning the status of his order, the Customer may contact Customer Service at DIGITAL-STORES.COM on +33 3 52 52 62 14 (non-premium rate), Monday to Friday, except bank holidays, from 9 a.m. to 6 p.m.
The computerized records stored in the DIGITAL-STORES.COM computer system under reasonable security conditions, will be considered proof of communications, orders and payments between the parties. At no point will the DIGITAL-STORES.COM company receive, store, record or transmit any elements of customer bank information. All bank details related to the order will be handled directly by its specialist partner (Société Générale).
The filing of order forms and invoices is done on a reliable and durable backup media and can be produced as evidence.
Article 5: Product Information
Pursuant to Article L. 111-1 of the French Consumer Code, the Customer may, prior to his order, take note of the essential characteristics of the product(s) that he wishes to order on the www.catimini.com site. The Customer may select one or more products among the different categories available on the www.catimini.com site.
The information, specifications, photographs and graphics presented on the www.catimini.com site or in emails sent by the DIGITAL-STORES.COM company are provided for information purposes only and are mostly provided by suppliers. Therefore, the DIGITAL-STORES.COM company will not be liable for any difference in perception between the shapes and colors of the presented photographs or graphics and the actual products.
The DIGITAL-STORES.COM company will endeavor to ensure that the photographic representations of the products appearing on the www.catimini.com website are as close as possible to the products themselves. It is, however, possible that the perception of the product(s) does not correspond completely to the actual product.
The DIGITAL-STORES.COM company will not be liable for any indirect damage as a result of this, including, in particular, any operating losses, loss of profit, loss of opportunity, damages or fees that may arise from the purchase of the products. The DIGITAL-STORES.COM company cannot be held responsible for any loss of data, files or damages as defined in the previous paragraph.
The DIGITAL-STORES.COM company agrees to only honor orders received within the limits of available product stock. The DIGITAL-STORES.COM company agrees to promptly notify the Customer of any lack of availability of the product.
The DIGITAL-STORES.COM company is permitted to alter the product range offered on the www.catimini.com website.
Availability may vary during the same day based on the level of sales. The DIGITAL-STORES.COM company carries out very frequent updates of availability but cannot be held responsible if the stock is no longer the same as that which is indicated.
If the DIGITAL-STORES.COM company is unable to deliver a product ordered, it will notify the customer by email or telephone. The DIGITAL-STORES.COM company will then only send the product(s) available and will then cancel the product(s) not available and reimburse the Customer for them, without delay and at the latest within 14 days.
There will be no cancellation compensation, apart from the partial or full reimbursement of the order in question, unless there is a breach of contract which is attributable to the DIGITAL-STORES.COM company.
The DIGITAL-STORES.COM company cannot be held liable for breach of contract if it is due to an unpredictable and insurmountable act of a third party to the contract or to an event of force majeure.
Article 6. Price
The sales prices of theproducts listed are in Euros and include all taxes. The sales prices of the products are those in effect on the date of sending of the order confirmation by the Customer.
Product sales prices may be modified by the DIGITAL-STORES.COM company at any time.
The prices do not include delivery charges, which are the Customer’s responsibility and are charged in addition to the price of the products and are dependent on the amount of the order. Delivery costs will be indicated before the Customer’s final confirmation of the order. Prices will also not include any promotional offers and personal discounts which are indicated before the final confirmation of the order.
Prices include Value Added Tax (VAT) applicable on the date of the order and any change in the applicable rate will be automatically reflected in the prices of products sold by the DIGITAL-STORES.COM company on the www.catimini.com website.
Prices, however, cannot be changed once the Customer has placed the order. Similarly, if one or more taxes or contributions, including environmental ones, have to be created or modified, up or down, this change may be reflected in the sales prices of products sold by the DIGITAL-STORES.COM company on the www.catimini.com website.
Article 7: Payment
Full payment must be made once the Customer places the order. The sums paid can never be considered to be deposits or part payments.
The Customer can pay for his online order by PayPal or credit card: Carte Bleue, Visa and Eurocard-Mastercard. The customer must indicate the number on the front of his credit card or bank card, the expiry date of his credit card, the CVC code on the back of his credit or bank card (last 3 digits).
The Customer guarantees the DIGITAL-STORES.COM company that he has the authorization required to use the payment method he selected for his order during the confirmation of his order.
The DIGITAL-STORES.COM company reserves the right to suspend or cancel any order being processed and/or dispatched, regardless of its nature and level of execution, in the case of payment default or partial payment of any amount due by the Customer, or in the case of an ongoing payment dispute pending litigation, or in the event of a payment incident, or in the case of fraud or attempted fraud relating to the use of the www.catimini.com website.
The DIGITAL-STORES.COM company reserves the right to request supporting documents from the Customer before confirming an order. As part of an order verification procedure, the DIGITAL-STORES.COM company may ask the Customer to send supporting documents by email, mail or fax. The order will then only be confirmed once the documents have been received and checked. Failing receipt, within 15 days of order placement, the latter will be deemed to be automatically canceled.
The Customer can make his purchases with complete peace of mind; the DIGITAL-STORES.COM company is committed to make every effort to ensure the security and confidentiality of data transmitted online, in particular bank details, via its payment partners. The site uses SSL (Secure Socket Layer), a secure method of payment which encrypts bank details during transmission over the network. The Customer can see that the transmission is encrypted by software when a padlock symbol appears in his browser screen. The transaction is carried out via Société Générale, which is the only entity to receive the bank details provided online at the time of payment.
The Customer can view the original invoice under the “My account” heading on the www.catimini.com website.
The DIGITAL-STORES.COM company retains full ownership of the goods sold until such time as payment of sale price, fees, taxes and mandatory contributions has been made in full.
Article 8: Delivery
The DIGITAL-STORES.COM company ships to the following countries in the European Union: Metropolitan France, Spain, Belgium, Luxembourg, Netherlands, Germany, United Kingdom, Italy, Ireland, Portugal, Denmark, Finland, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Sweden (excluding special areas imposing duty-free sales such as the French Overseas Departments & Territories, San Marino and Livigno (Italy), the Canary Islands, Tenerife and Andorra (Spain)).
For further information concerning shipping and delivery, the Customer may contact Customer Service at DIGITAL-STORES.COM on +33 3 52 52 62 14 (non-premium rate), Monday to Friday, except bank holidays, from 9 a.m. to 6 p.m.
Products are sent to the address indicated by the Customer on the order form. The Customer must ensure the completeness and accuracy of the order related information he has supplied to the DIGITAL-STORES.COM company. The DIGITAL-STORES.COM company cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, all fees for reshipment of the order will be fully charged to the client.
The DIGITAL-STORES.COM company cannot be held liable for delivery delays if they are due to an unpredictable and insurmountable act of a third party to the contract or to an event of force majeure.
- Colissimo Access:
This delivery method ensures that the Customer receives his package within 48 hours at a cost of 6.90 Euros, in metropolitan France only, from the moment of dispatch through the Post Office and the Colissimo service (excluding processing time and preparation of the order). These deliveries are available from Monday to Saturday morning, excluding bank holidays. The costs incurred for this option depend on the weight and total volume of the items ordered. The package is processed by the Post Office and delivered to the delivery address provided by the Customer.
If you are absent during delivery and if the dimensions of your package permit it, the postman will leave the package in your letterbox. If too big, you will receive a delivery note asking you to collect your parcel from your Post Office within 15 days.
- Mondial Relay:
This delivery method allows packages to be delivered to one of the 3800 Mondial Relay network sites located in metropolitan France, Belgium and Luxembourg. Close to your home, your work, often open at lunchtime, later in the evening... By selecting the relay mode of delivery, the customer declares to have read and agreed to, without reservation, the general terms and conditions of sale of Mondial Relay. Preparation and delivery costs to the relay point are €4.90. The average time for relay deliveries is 5 business days. The customer is informed by email of the arrival of his parcel at the relay point; he has a period of 10 business days from the date of the email to come and collect his order, upon presentation of a valid identity card. After this period has expired, the package is considered abandoned and can no longer be claimed by the customer. www.catimini.com will reimburse the customer for the product order amount stated on the invoice, excluding delivery costs.
- In store pick-up:
This delivery method allows free delivery in France to any of the 105 stores within 3 to 5 business days.
Click here to see the list of Catimini stores offering this service.
For each online order placed on the www.catimini.com website and confirmed on the www.catimini.com website, order preparation will take place within two business days, subject to availability.
An email is automatically sent to the Customer once the Products are dispatched, provided that the email address indicated in the registration form does not contain an error. Upon receipt of this email, the Customer may use the times listed below for the different carriers as a guideline.
The delivery times are as follows:
- Colissimo: 2 to 5 (business) days for metropolitan France.
- Mondial Relay: The average time for relay shipments is 3 to 5 business days.
- In Store: 3 to 5 (business) days
The delivery times given above are those generally observed. Moreover, the DIGITAL-STORES.COM company would like to inform its Customers that these delivery times do not include Sundays or bank holidays.
Products are packaged so as to comply with current transport standards and to ensure optimal product protection during delivery. We ask Customers to comply with these same standards when returning products. Any damage found in a returned product due to non-compliance with packaging standards may result in a partial refund or no refund of the product if it cannot be resold in its present condition, or in the event of worsening of the technical problem indicated.
Whereas the DIGITAL-STORES.COM company remains responsible for items sold until delivery, it would like to remind you that it is the Customer’s responsibility to inspect these parcels upon receipt in the presence of the carrier and provide details of any anomaly on the delivery slip (damage, damaged packaging, item missing as compared to the delivery form, broken products, delivery date different to the normal delivery time associated with the delivery service) of the carrier and to notify the DIGITAL-STORES.COM company within three business days. In the event that these details are not marked on the delivery slip given to the Customer by the carrier, the product is deemed accepted by the Customer and cannot be the subject of any dispute concerning its delivery.
In the case of a delivery delay compared to the times given by the carriers, the DIGITAL-STORES.COM company suggests that the Customer first check with the carrier that the parcel is not pending delivery and then contacts Customer Service as soon as possible on +33 3 52 52 62 14 (non-premium rate), Monday to Friday, excluding bank holidays, from 9 a.m. to 6 p.m., so they can open an investigation file with the carrier.
If the missing parcel is found, it will be immediately shipped to the Customer’s home, free of charge.
If at the end of the investigation by the carrier, the parcel is not found, the Customer may request a refund of his order without delay. If the customer would like to keep a credit on his account in order to place a replacement order, he should contact Customer Service so as to be exempt from delivery costs on this new order.
The Customer must report the loss within 60 working days from the date specified for delivery of the order. The DIGITAL-STORES.COM company will then handle any necessary claims with the carrier in question.
If the missing parcel is found, it will be immediately shipped to the Customer’s home.
If the parcel is not found within seven days, not due to a case of force majeure, the Customer may request that the same product is shipped again at the expense of the DIGITAL-STORES.COM company or that the amount paid is refunded. If the ordered product or products are no longer available at this time, the DIGITAL-STORES.COM company will reimburse the Customer the cost of the goods lost by the carrier.
Article 9: Right of cancellation, returns
Within the home shopping framework, the Customer has a period of 30 days to exercise his right of cancellation without having to give reasons. This period runs from the date of product receipt by the Customer.
Any return request and any parcels received after this period, will not be processed.
- For deliveries and orders placed in metropolitan France:
Return costs are free. The DIGITAL-STORES.COM company provides customers with a free Colissimo Return Slip in the package. Part of this slip must be stuck onto the return package, the other part is kept by the customer as proof of mailing, guaranteeing compensation for products up to their actual market value in the event of theft or loss of the item.
*For deliveries and orders placed outside of metropolitan France:
The costs of the return are borne by the customer unless the return is due to a delivery error by the DIGITAL-STORES.COM company or the receipt of a defective item. In this case, the DIGITAL-STORES.COM company will reimburse the return costs by check. The Customer must include his payment receipt for return costs to the parcel or submit it by email to email@example.com or by fax to +33 1 46 26 75 36, stating the order number.
The DIGITAL-STORES.COM company recommends that Customers return their products by Colissimo with registered delivery or insurance to the commercial value of the products, guaranteeing that they receive compensation for the products matching their real commercial value in the event of damage or loss of these goods. In any event, the return is at the Customer’s risk. The customer should also keep all proof of this return.
Returned products must be returned in their original condition and in full (product labels, accessories, bag etc.) Products must be intact, in perfect condition for resale, in a state of perfect cleanliness, they cannot have been worn or used, nor have suffered any damage. Any product that is found to be damaged or incomplete will not be refunded.
On exercising the right of cancellation, the Customer will receive a refund of amounts paid, or, on request from Customer Service, a credit note which can be used against the next order.
The refund of amounts paid is made on the bank or credit card used for the initial payment of the order.
Return delivery costs are free thanks to the pre-completed Colissimo Return Slip included in the Customer’s parcel.
The DIGITAL-STORES.COM company will refund the Customer no later than 30 days from the date it was notified of the Customer’s decision to cancel. The DIGITAL-STORES.COM company may, however, withhold reimbursement until it has received the products or until the Customer has supplied evidence of having sent back the goods, whichever is the earlier. If the customer wishes to keep this amount as a credit on his Catimini account for use against a future order, he must inform Customer Service when making the return request.
The credit is valid for one year from the date of issue and available under “My account” on the www.catimini.com website. The credit can only be used on the www.catimini.com website.
If a discount coupon has been used when placing the order, the amount corresponding to said discount will be deducted from the credit or refund amount in proportion to the amount of items ordered.
Article 10: Guarantees
According to Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the Customer of the legal guarantee which obliges professional salesmen to guarantee against all the consequences of latent defects of the items sold. This clause is applicable only within the context of full settlement of the order.
The Customer is expressly informed that the DIGITAL-STORES.COM company does not produce the products featured on the www.catimini.com website, pursuant to Law No. 98-389 of 19 May 1998 concerning liability for defective products.
Thus, in the event of damage or injury to a person or object caused by a product defect, the Customer may seek redress from the legally responsible manufacturer only, on the basis of the information featured on the said product’s packaging. In addition, the company would like to point out that the services and information offered by the DIGITAL-STORES.COM company do not in any way replace constant vigilance by adults.
The DIGITAL-STORES.COM company is not responsible in the case of non-compliance with the legislation of the country where the products are delivered. It is the Customer’s responsibility to verify with the local authorities with regard to the possibilities of importing or using the products which he plans to order.
Article 11: Responsibility
The products offered are in compliance with French legislation in force and standards applicable in France. The DIGITAL-STORES.COM company is not responsible in the case of non-compliance with the legislation of the country where the product is delivered. It is the Customer’s responsibility to verify with the local authorities with regard to the possibilities of importing or using the products which he plans to order.
The DIGITAL-STORES.COM company cannot be held liable for any inconvenience or damages relating to the use of the Internet, such as a break in service, the presence of computer viruses or outside intrusions or, more generally, for any other events deemed by the courts to be caused by force majeure or third parties.
Hyperlinks can refer to sites other than the www.catimini.com website. The DIGITAL-STORES.COM company declines any responsibility if the content of these sites contravenes the laws and regulations in force.
The DIGITAL-STORES.COM company is not liable for any indirect damage or injury that may arise from the purchase of the products. Similarly, the DIGITAL-STORES.COM company shall not be liable for any obligations under these General Terms and Conditions of Sale in the event of the occurrence of a force majeure event as defined by the French courts.
Article 12: Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure.
Fortuitous or force majeure events are circumstances or compelling facts that are regarded as external to the two parties, unforeseeable, inevitable and independent of the will of the parties and which could not be prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other party within ten business days following the date on which it is aware.
Both parties will then meet within one month, except if the force majeure prevents them from doing so, in order to examine the consequences of the incident and to agree on how the obligations of the contract will be fulfilled.
Article 13: Personal data
In accordance with the French Data Protection Act (Informatique et Libertés) No. 78-17 of 6 January 1978 as amended, the Customer, the Visitor and the recipient of an order on the www.catimini.com website, shall, at any time, have the right to access, modify, rectify and delete data concerning them, processed by the DIGITAL-STORES.COM company and a right to object to the processing of this data for direct marketing purposes. These rights can be exercised by contacting Customer Service.
Personal data collected during any order by the Customer is necessary for the management of the order by the DIGITAL-STORES.COM company and its suppliers and may be used, subject to the rights exercised by the person concerned, to glean information on products or services provided by the company and/or its business partners.
At the time of customer registration or ordering, or within the framework of other specific operations, the DIGITAL-STORES.COM company invites the Customer or Visitor to receive promotional information from www.catimini.com by email (newsletters, event emails and promotional offer emails).
If the Customer or Visitor no longer wishes to receive these informational messages, he can always change the subscription settings of his personal account under the heading “My account” on the www.catimini.com website, or inform Customer Service, or via the unsubscribe link included at the bottom of each email sent.
Through the DIGITAL-STORES.COM company, the Customer or Visitor, who expressly gave his prior consent, may receive electronic commercial offers for products or services offered by trading partners of the DIGITAL-STORES.COM company. The Customer or Visitor can, at any moment, change his settings.
The DIGITAL-STORES.COM company informs its Customers that the processing of such information and/or personal data has been registered with the French Data Protection Authority (CNIL) under the number No. 1546524v0 of 22/11/2011.
For further information, the Customer or Visitor may contact Customer Service on +33 3 52 52 62 14 (non-premium rate), Monday to Friday, except bank holidays, from 9 a.m. to 6 p.m.
Article 14: Intellectual property
All data of any kind, in particular text, graphics, logos, icons, images, illustrations, audio or video clips, trademarks, software etc., including any underlying technology used, which appear on the www.catimini.com website, are necessarily protected by copyright, trademark rights and other intellectual property rights.
As such and in accordance with the provisions of the French Intellectual Property Code, only use for private use is authorized, subject to differing or more restrictive provisions of the intellectual property code.
Under these terms and conditions the User undertakes not to reproduce, summarize, modify, alter or redistribute, without the prior express authorization of the DIGITAL-STORES.COM company, any text, title, application, software, logo, trademark, information or illustration, for any purpose other than a strictly personal one, which excludes any representation for professional purposes or dissemination in number. In addition, the User undertakes not to copy all or part of the website on any other website and/or internal company network.
Any other use constitutes infringement and is punishable under the laws governing intellectual property in the absence of prior authorization from the DIGITAL-STORES.COM company. Any total or partial reproduction of the DIGITAL-STORES.COM company catalog is strictly prohibited.
Any creation of a hyperlink from a website towards the www.catimini.com website must have the prior and express authorization from the DIGITAL-STORES.COM company. The link must be removed after a simple request by the DIGITAL-STORES.COM company.
Article 15: Full Terms and Conditions
If a change in legislation, regulations or a court decision renders one or more provisions of these General Terms and Conditions null and void, this shall not affect the validity of these General Terms and Conditions. Such a change or ruling cannot on any account allow the Customer to disregard the present General Terms and Conditions of Sale.
Article 16: Duration and application
These Terms and Conditions apply for the entire duration of time that online services are offered by the DIGITAL-STORES.COM company. The latter reserves the right to adapt or modify these general terms and conditions of sale at any time. In the event of a modification, however, the General Terms and Conditions of Sale applicable to the order placed by a Customer on the www.catimini.com website, are those accepted by the Customer on the day of placing the order.
Article 17: Applicable law and jurisdiction
Product sales of the DIGITAL-STORES.COM company are subject to French law. Any dispute concerning the existence, interpretation, performance or breach of contract between the DIGITAL-STORES.COM company and the Customer, shall, in the absence of an amicable solution, be referred to the jurisdiction of the French courts.