SECTION 1 – DEFINITIONS
For the purposes of these General Terms and Conditions of Sale, the following terms, beginning with a capital letter or written in uppercase, used in the singular or plural, shall have the meanings defined below:
"CHAMPALM": refers to the company, SAS registered with the RCS of ANNECY under number 981 206 949, whose registered office is located at 36 avenue de la Mavéria, 74940 ANNECY, publisher of the Site.
"Site": refers to the website https://www.champalm.com, published by CHAMPALM, through which Clients can place an Order for Products.
"Products": refers to the products sold by CHAMPALM on the Site and which may be ordered by a Client through the Site.
"Client": refers to any consumer, i.e. a natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, who places an Order for one or more Product(s) from the Site. Only persons legally able to contract may order Products on the Site.
"Visitor": refers to an internet user who does not have an Account and visits one or more pages of the Site.
"Order": refers to the order with an obligation to pay for Products placed by a Client with CHAMPALM through the Site.
"Account": refers to the individual account held by any Client, which can be accessed with a personal login and password.
"GTC": refers to these General Terms and Conditions of Sale.
"Privacy Policy": refers to the document that explains, among other things, how CHAMPALM implements its obligations to protect the personal data of its Clients and informs them of their rights.
SECTION 2 – OBJET
The purpose of these GTC is to define the conditions applicable to Product Orders placed by Clients through the Site.
The GTC are available for consultation at any time on the Site and are expressly accepted by the Client prior to any Order. Placing an Order constitutes immediate, full, and unconditional acceptance of the GTC by the Client.
CHAMPALM reserves the right to modify the GTC at any time; the version of the GTC applicable to an Order is the one in force on the date the Order is placed by the Client.
SECTION 3 – PRODUCTS
3.1 CHARACTERISTICS
The essential characteristics of the Products available for Order are indicated on the product page of each Product on the Site.
The Products sold comply with current French and European laws and regulations.
3.2 AVAILABILITY
Products offered for sale are available while stocks last, as long as they are visible on the Site.
If a Product becomes unavailable after the Order has been confirmed, the Client will be informed by email or telephone. They will have the option to cancel the Order and be refunded, or to modify the Order.
3.3 PRICES
Product prices are indicated on the Site in Euros, All Taxes Included (VAT included at the applicable rate on the date of the order), and unless otherwise stated, they do not include delivery charges, which remain the responsibility of the Client.
The Client is informed of the delivery costs and the total price of the Order no later than before confirming their Order. CHAMPALM reserves the right to modify prices and/or delivery fees at any time. The prices and delivery costs applicable to an Order are those in force on the date the Order is placed by the Client.
SECTION 4 – GIFT CARDS
As an alternative to dematerialized gift cards (hereinafter "Gift Card") offered for sale on the Site:
4.1 GIFT CARD CHARACTERISTICS
The Gift Card is a dematerialized payment method in the form of a unique alphanumeric code (hereinafter "Gift Code"), usable in full or in part for the purchase of goods or services offered on the Site.
4.2 GIFT CARD PURCHASE
Any Client may purchase a Gift Card for personal use or to give to a third party (hereinafter "the Recipient"). When purchasing, the Client may choose to receive the Gift Code directly or to send it to the designated Recipient.
4.3 TERMS OF USE
The Gift Code can be used once or multiple times on the Site. If the purchase amount is less than the value of the Gift Card, the remaining balance will be available to the Recipient until the Gift Card value is fully used. The Recipient can check the remaining balance of their Gift Card at any time via their personal space on the Site.
4.4 VALIDITY
The Gift Card is valid for a period of one (1) year from the date of purchase. After this period, the Gift Card and any remaining balance will be considered expired and may no longer be used.
4.5 NON-REFUNDABLE
The Gift Card is non-refundable and cannot be exchanged for cash or any other means of payment. In case of loss, theft, or expiration, the value of the Gift Card will not be refunded.
4.6 LIABILITY
The Site cannot be held liable for inappropriate or fraudulent use of the Gift Code, or for any consequence arising from the disclosure of the Gift Code to third parties by the Purchaser or the Recipient.
4.6 MODIFICATION OF CONDITIONS
The Site reserves the right to modify these general terms and conditions of sale for Gift Cards at any time, subject to notifying users by any appropriate means.
SECTION 5 – ORDER
5.1 ACCOUNT
Any Visitor may create an Account on the Site at any time. Otherwise, they will need to create an Account when placing their first Order. To do so, they must provide certain personal information (mandatory fields are marked with an asterisk), the accuracy of which they guarantee. They must also choose a password and commit to ensuring its confidentiality and security.
By creating an Account, the user acknowledges having read CHAMPALM’s Privacy Policy, which can be viewed at any time on the Site. From their Account, the Client can enter a delivery and billing address, change their password, and, where applicable, access recent Orders.
The Client agrees to ensure that the information provided is always accurate and up to date. They agree to maintain the confidentiality and security of their login and password and not allow a third party to use them. In case of suspected unauthorized use of their Account by a third party, they must inform CHAMPALM without delay.
5.2 ÉTAPES
To place an Order for one or more Product(s), the Client selects the desired Product(s) and clicks “Add to cart.” Once all desired Products have been added, they access their cart by clicking the cart icon at the top right of the screen and then click “Checkout.” They can then choose their delivery method.
If the Client already has an Account, they log in using their email address and password, then complete or update the billing address and, if applicable, a different delivery address.
If the Client does not yet have an Account, they must enter their billing address, and if different, their delivery address, as well as the information required to create an Account, which they will use later to log in.
The Client guarantees the accuracy of the information provided. Mandatory fields are marked with an asterisk. This information is necessary for processing, managing, confirming, delivering, and invoicing the Client’s Order.
The Client is then redirected to a summary page where they can verify the details of the Order and total price, make changes, and correct any errors. They must then read and accept these GTC by ticking the appropriate box, select a payment method, fill in the requested information, and click the
"ORDER" button to definitively validate their Order.
Once the Order is validated and paid, the Client will receive a confirmation email with all the contractual information and a copy of the GTC.
SECTION 6 – PAYMENT
6.1 PAYMENT METHODS
Orders must be paid in EUROS, in one installment and exclusively online via Paypal or credit card. In case of credit card payment: only the following cards are accepted: Visa, Mastercard, Carte Bleue, Amex.
Payment is made via a secure system, and the credit card information transmitted by the Client is encrypted and secured and is not communicated to CHAMPALM. The Client guarantees that they are the rightful owner of the card used for payment. If the Client fails to complete or incorrectly fills in the payment details, or abandons the process, or in case of a payment issue, the Order is automatically cancelled.
In case of payment via Paypal: the Client is redirected to the Paypal page and logs into their Paypal account. Payment is made via a secure system and the information provided is encrypted and secured by Paypal and is not communicated to CHAMPALM, except for the email address.
6.2 RESERVATION OF OWNERSHIP
Products remain the property of CHAMPALM until full payment of the principal amount and any applicable fees.
SECTION 7 – DELIVERY
7.1 PLACE OF DELIVERY
Ordered Products may be delivered in mainland France, overseas territories (DROM-COM), within the EU, and worldwide. Deliveries to countries outside the European Union may be subject to various fees and taxes, including customs duties and import VAT. These fees are the sole responsibility of the Client.
7.2 DELIVERY TIMES AND METHODS
The delivery methods, costs, and timelines are indicated on the Site and communicated to the Client before final Order validation. Delivery times are given in working days, i.e. Monday to Friday.
Ordered Products are delivered to the address provided during the Order process.
7.3 DELAY IN DELIVERY
In the event of a delivery delay due to reasons beyond CHAMPALM’s control, CHAMPALM undertakes to keep the Client informed of the situation. The Client may also contact CHAMPALM’s Customer Service. CHAMPALM cannot be held liable for any failure or delay in delivery due to a case of force majeure. If the delivery is delayed or hindered due to an act or circumstance for which the Client is responsible (including incomplete or inaccurate contact details), all resulting costs shall be borne by the Client.
If the delivery deadline is exceeded and it is not attributable to a case of force majeure, the Client may terminate the contract and request a refund. To do so, the Client must first request CHAMPALM, by registered mail with acknowledgment of receipt or by email, to proceed with delivery within a reasonable additional period. If CHAMPALM has not performed within this new period, the Client may then, using the same means, notify CHAMPALM of the termination of the contract. The contract will be deemed terminated upon receipt of the registered letter or the email informing CHAMPALM of this termination, unless CHAMPALM has performed in the meantime.
7.4 TRANSFER OF RISKS
In accordance with legislation, the risk of loss or damage to the Products is transferred to the Client when the latter, or a third party designated by them, physically takes possession of the Products.
7.5 DELIVERY COSTS
For all orders, standard delivery fees will be applied. CHAMPALM reserves the discretionary right to modify these conditions at any time.
SECTION 8 – RIGHT OF WITHDRAWAL
8.1 CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL
The Client has a period of 14 days to exercise their right of withdrawal without having to provide any reason or pay any penalties. The withdrawal period begins upon receipt of the Product by the Client or a third party, other than the carrier, designated by them.
The day of receipt of the Product is not counted in the 14-day period, which ends at the close of the last day of the period. If the deadline falls on a Saturday, Sunday, or public holiday, it is extended to the next working day.
To exercise this right, the Client must inform CHAMPALM by sending a clear statement by email (contact.champalm@gmail.com).
From the time the decision to withdraw is communicated, the Client has another 14-day period to return the Product(s) to CHAMPALM. Return shipping costs are to be borne by the Client.
The Product(s) must be returned by the Client in its (their) original condition, presentation, and packaging, new and in perfect condition. If the Product is depreciated (damaged, worn, marked with signs of wear, etc.) due to handling beyond what is necessary to determine its nature, characteristics, and proper functioning, the Client may be held liable.
8.2 REIMBURSEMENT IN THE EVENT OF EXERCISING THE RIGHT OF WITHDRAWAL
CHAMPALM will reimburse the Client for the total amount paid, excluding return shipping costs, no later than 14 days from the date on which it was informed of the Client’s decision to withdraw. It is specified that the reimbursement date may be postponed until the Product(s) is (are) recovered, or until the Client has provided proof of shipment, whichever comes first.
The reimbursement will be made using the same payment method used by the Client for the initial transaction, unless the Client expressly agrees to another method.
8.3 NO RIGHT OF WITHDRAWAL
It is expressly stated that, in accordance with Article L221-28 3° of the French Consumer Code, the right of withdrawal does not apply to the supply of goods made to the Client’s specifications or clearly personalized.
SECTION 9 – LEGAL GUARANTEES
The Products are covered by statutory warranties, provided they have been used normally and that care instructions have been followed.
In accordance with legal provisions, the Client benefits from the legal guarantee of conformity for defects existing at the time of delivery of the Product(s) (Articles L217-3 et seq. of the French Consumer Code) and from the legal guarantee against hidden defects in the Product(s) sold which make them unfit for their intended use, or which reduce such use to the point that the Client would not have acquired them, or would have paid a lower price, had they been aware of them (Articles 1641 to 1648 and 2232 of the French Civil Code).
When the Customer acts under the legal guarantee of conformity, he benefits from a period of two years from the delivery of the Product(s) to act, he will have the choice between repair or replacement of the Product(s) and he is exempt from providing proof of the existence of the lack of conformity of the good during the 2 months following the delivery of the Product(s).
However, CHAMPALM may not proceed according to the Client’s choice if it would be impossible or would incur disproportionate costs. The provisions relating to the legal guarantee of conformity do not deprive the Client of their right to bring an action based on hidden defects as defined in Article 1641 of the Civil Code.
In this case, the action must be brought within two years of the discovery of the defect and the Customer has the choice of returning the Product(s) and having the price refunded, or of keeping the Product(s) and having part of the price refunded.
SECTION 10 – CUSTOMER SERVICE
For any information, question, special request, or complaint, the Client may contact CHAMPALM Customer Service:
- By email: contact.champalm@gmail.com
- Via the contact form on the Website
SECTION 11 – INTELLECTUAL PROPERTY
CHAMPALM’s Website and its components, such as photographs, images, texts, logos, and trademarks, are protected by the French Intellectual Property Code. CHAMPALM owns the intellectual property rights or has obtained all necessary authorizations or licenses. Any reproduction, download, extraction, copy, or representation, even partial, without CHAMPALM’s express prior authorization is strictly prohibited and constitutes an infringement.
SECTION 12 – PERSONAL DATA
The personal data required to place an Order are necessary for its management and processing by CHAMPALM. These data are collected, recorded, and stored by CHAMPALM in accordance with the French Data Protection Act of January 6, 1978, and the GDPR.
For full details on the processing of personal data, the Client is invited to consult CHAMPALM’s Privacy Policy available on the Website.
SECTION 13 – LIABILITY AND FORCE MAJEURE
13.1 CHAMPALM does not guarantee that its Site operates continuously and without error and cannot be held liable for damages arising from the use or unavailability of its Site.
The Client connects to the Website using their own telecommunications equipment. The Client acknowledges that the performance and functionality of the Website largely depend on the specifications of their computer and the type of internet connection. CHAMPALM shall not be held liable for any damage resulting from the use of the internet, such as data loss, intrusion, viruses, etc.
13.2 CHAMPALM cannot under any circumstances be held liable for the non-performance, failures or delay in performance of one of its obligations arising from these General Terms and Conditions which would be due to a case of force majeure within the meaning of Article 1218 of the Civil Code and its interpretation by French case law.
SECTION 14 – SEVERABILITY
If one or more clauses of the T&Cs are declared null or unenforceable under a law, regulation, or final decision of a competent court, they shall be deemed unwritten, without affecting the validity of the remaining clauses.
SECTION 15 – DISPUTE RESOLUTION
15.1 AMICABLE RESOLUTION
In the event of a dispute or difficulty between the parties, they undertake to attempt in good faith to resolve the issue amicably. To this end, the initiating party shall present its grievances to the other party by email or registered letter with acknowledgment of receipt. The recipient party shall respond in kind. The parties must endeavor to find an amicable resolution within one month of the receipt of the email or the first presentation of the registered letter.
15.2 MEDIATION
In the event of failure to resolve the dispute amicably, the Client may contact a mediator free of charge.
This is not mandatory.
The Client may also use the online dispute resolution platform provided by the European Commission, available at:
https://webgate.ec.europa.eu/odr/
15.3 APPLICABLE LAW
These T&Cs are governed by French law. They were drafted in French and in the event of translation, only the French version shall prevail.
French courts shall have exclusive jurisdiction.
Appendix: Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of CHAMPALM – Customer Service – By email at contact.champalm@gmail.com
I/we () hereby notify you of my/our () of my/our () withdrawal from the contract for the sale of the following good(s) ()/for the provision () of the following service(s) : Order number(s):
Ordered on ()/received on () : Name of consumer(s): Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date :
() Delete as appropriate.