General Terms and conditions of Sale

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1. General information

The general conditions of sale contained herein apply to all products and services sold exclusively through the Caran d’Ache E-Commerce website. They define the rights and obligations of the parties.

Caran d’Ache and Creative Art Materials reserve the right to modify at any given moment the content and form of these general conditions of sale.

Seller:
Creative Art Materials, Ltd.
236 Raceway Drive, Unit 5
Mooresville. NC 28117

Caran d’Ache SA
Chemin du Foron 19
Case postale 332
CH-1226 Thônex-Genève
Suisse
Tel : +41.22.869.01.01
TVA/MWSt. CHE-102.130.447 TVA

2. Personal data

Caran d’Ache and Creative Art Materials shall respect the privacy of the personal data communicated by the customers on the E-Commerce website and shall manage the data in accordance with applicable legal obligations.

Customers’ data may be used by Caran d’Ache internal services for the following purposes:

For the management of orders, deliveries and billing
To inform the customers of sales and events by way of e-mails of invitation
To improve and customise the communication towards the customer, by way of sending newsletters, special offers and other e-mails.

When he first registers on the website, the customer retains the possibility of refusing the sending by Caran d’Ache and Creative Art Materials of e-mails of invitation or other commercial communications. Furthermore, he may modify this setting in his account at any time.

The customer shall provide the personal information necessary to the management of his order (delivery and billing). This information shall be accurate, valid and up-to-date. The information concerning the customer’s identification and password shall be kept secret by the customer.

3. Sale process

3.1. Orders

Once the desired product has been chosen, it is placed in the “shopping cart” by clicking the button “Buy”. The customer may then continue his selection of products, modify his shopping cart or proceed with the payment of the order.

The confirmation of the order by the customer serves as acceptation of the general conditions of sale.

Once the order confirmed and paid, the customer receives by e-mail a confirmation of his order.

3.2. Price

The prices mentioned for each product on the E-Commerce website shall be understood as excluding all taxes. The delivery expenses of the order shall be indicated prior to the final confirmation of the order.

Caran d’Ache and Creative Art Materials reserves the right to modify, without prior warning and at any moment, the prices and other fees published on the E-Commerce website. However, the products will be billed to the customer on the basis of the tariffs in force at the moment of the confirmation of the order.

3.3. Depiction of the products

Caran d’Ache and Creative Art Materials shall endeavour to ensure that the products and services sold through the E-Commerce website are depicted by photographs with the highest possible accuracy. However, due to the mode of presentation of these products on the Internet network, it is possible that the perception of the customer of the photographic depiction of the products does not exactly correspond to the products themselves.

3.4. Secure payments

The payment of the orders is performed through a payment card. The payment cards accepted to this day are: Visa, MasterCard, AMEX and Paypal.

The order will be considered effective upon receipt of the approval by the bank payment centres.

In accordance with applicable legislation and to ensure the security and privacy of the customers’ information, Caran d’Ache and Creative Art Materials do not memorise the banking data of the customers. It is therefore up to the customer to save and print his certificate of payment if he wishes to preserve the details of the payment related to his order.

The payments managed by the E-Commerce Caran d’Ache website are subject to the highest possible security standard to date: PCI DSS Certification level 1. This international norm, set up by the main market actors (MasterCard, Visa, American Express, Discover Financial Services and JCB) stipulates the security requirements for international payments:

Setup and management of a secured network
Cardholders data protection
Setup of a vulnerability management program
Application of efficient measures of access control
Continued surveillance and frequent network tests
Establishment of a privacy policy

3.5. Associated services

Except the refills (cartridges, inks, diary refills, …) the products proposed for sale on the Caran d’Ache E-Commerce website may be gift-wrapped free of charge, along with a free gift card inscribed with a customised message.

For the writing instruments sold through the E-Commerce website, Caran d’Ache and Creative Art Materials offer custom engraving for 19 $ (except on mentioned special occasions), within the limits of the technical possibilities for each given product (dimension and position of the free space, font choice).

3.6. Delivery

Sales tax on carandache.com orders is calculated using the tax law governing the address where the product is being shipped. The tax amount due will display in the shopping cart and during checkout.

These fees are supported by the customer if the price of the products selected within a single order amounts to less than $199 and will therefore be billed $7.99.

Creative Art Materials guarantee the expedition of the products and services sold through the E-Commerce website to USA. The products and/or services will be sent to the delivery address indicated by the customer during the order process.

Starting from the order and the confirmation of payment, the times of delivery, given here on an indicative basis only, are as follows:

5-10 working days by UPS. Orders over $200 will be given against signature.
5-10 working days for Hawai, Alaska and Puerto Rico by USPS against signature.

Delivery can be extended. If so, an alert message will appear in the product description and in the basket. A special pictogram is also visible.

Upon completion of the delivery, the bill will be available on the E-Commerce website.

3.7. Guarantee

Caran d’Ache writing instruments are covered by a lifetime guarantee against all material and manufacturing defects, or a two-year guarantee in the case of models decorated with Swarovski crystals. Leather goods and jewellery are covered by a one-year guarantee.

The guarantee does not cover normal wear, accidental damage, damage arising from improper use or shocks, or loss. Furthermore, the guarantee does not cover leads, erasers, ink refills, or personalised decoration.

3.8. Returns, withdrawal and refund

The refills (cartridges, inks, agenda refills) as well as the customised products (engraving) cannot be returned or refunded.

Upon reception of the product by the customer, he shall have a right of withdrawal to be exercised within a term of 30 days by returning the delivered product, the return expenses being supported by the customer. Only the products bought through the E-Commerce website, and returned with their protective film or individual protective package (unopened and in their original package) may be refunded.

The procedure is as follows:

The customer logs in on the E-Commerce website to file a return request.
The customer sends the goods, at his expense, to the following address:

Creative Art Materials, Ltd.
Customer Service
236 Raceway Drive, Unit 5
Mooresville. NC 28117

The product must be complete, correctly protected, in its original package, with the protective film or protective package intact (unopened), along with all its accessories, manuals and documentation.
The product must be sent along with:
- The number of the return request, provided at the previous step
- A copy of the sale bill
The product is controlled by Creative Art Materials, which will decide whether to validate the refund, in particular by verifying that the product has been integrally returned and in a state fit to be re-commercialised, as provided by the right of withdrawal.
If the goods satisfy the above conditions, they may give right to a refund.
If the goods do not satisfy the above conditions, they will be sent back to the customer, who will not be entitled to a refund.

3.9. Repairs

The customer may contact Creative Art Materials Customer Service for any request for information or estimate for repair, but only for the products bought through the E-Commerce website.

The contact for Caran d’Ache Customer Service is as follows: eboutique-usa@carandache.com

Upon invitation by the Creative Art Materials Customer Service only, the customer may be requested to send back, at his own expenses, the writing instrument to Caran d’Ache:

Integrally: body, cap, writing block
With a duly completed guarantee certificate, dated and signed, or with a copy of the sales bill
With a written description of the problem encountered
With the exact address of the customer for the return of the product

The address to which the product has to be sent is as follows:

Creative Art Materials, Ltd.
Customer Service
236 Raceway Drive, Unit 5
Mooresville. NC 28117

After examination by the Creative Art Marterials Customer Service:

If the repair is not covered by the guarantee the Customer Service shall provide the customer with an estimate
If the repair is covered by the guarantee, the product shall be automatically repaired and sent back to the client free of charge

The necessary time to perform the repair shall be announced by the Customer Service on a case-by-case basis.

4. Applicable law

Any litigation, or dispute, involving Caran d’Ache, and araising from the present General conditions of Sale, as well as any sale to which they apply, are subject to Swiss law, whether the claim is based in contract or in tort or upon any other legal foundation.

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