Terms of Sales – Caribbean Pineapple

Terms of Sales

PREAMBLE

These terms of use and general conditions of sale (hereinafter the “Terms”) apply exclusively between any user of the online sales site www.caribbean-pineapple.com (hereinafter the “Site”) and SARL Caribbean Light, whose registered office is St Jean – 97133 St Barthélemy, registered in the RCS Basse Terre TMC under the number 837 914 753 (hereinafter “Caribbean Pineapple” or the “Seller”).

Purchases of products offered for sale on the Site are reserved for major non-commercial individuals with full legal capacity (hereinafter the “Customer”).

The Customer agrees to read these Terms and Conditions carefully before using the Site. The fact of placing an order on the Site implies the full and entire adhesion of the Customer to these Terms and Conditions of which he acknowledges having read.

ARTICLE 1. CUSTOMER ACCOUNT

Before placing an order on the Site, the Customer must create a customer account. For this purpose, he must fill out a form in the “My Account” section with information about him, and he undertakes to give accurate information and not to usurp the identity of a third party or change his age.

The Customer indicates in particular his email address and a password (including at least 8 characters) which will be used to identify himself on the Website later. The username and password are personal and the Customer agrees not to disclose them.

ARTICLE 2. PRICES

The prices of the products indicated on the Site are in euros, all taxes included and do not include the participation in the delivery costs, the amount of which is specified before the final validation of the order.

In case of obvious price error, which may be due to a technical problem, Caribbean Pineapple reserves the right not to accept the order.

The products remain the sole property of Caribbean Pineapple until full payment is made.

When an order has been made with a promotional code offering a discount linked to the simultaneous purchase of a predetermined number of items, the return of one or more items by the Customer may have the effect of terminating the discount. when the number of items necessary for the application of this reduction is no longer reached. The refund made to the Customer will take into account, if necessary, the fact that the reduction is no longer applicable and the difference will be charged to the amount refunded to the Customer for returned items.

ARTICLE 3. PRODUCTS

The products offered for sale appear on the Site within the limits of their availability, and the offers remain valid as long as they are visible on the Site.

Caribbean Pineapple reserves the right, at any time, to remove any product for sale on the Site.

In case of unavailability of a product after validation of the order, the Customer is promptly informed by email and the missing product (s) is / are automatically canceled (s) and refunded .

The descriptions of the products on sale on the Site are given as an indication. In the same way, the photographs can slightly differ from the reality, in particular because of the configuration of the display parameters of the computer used.

ARTICLE 4. ORDER

In order to place an order, the Customer must register or identify himself by his account and follow the online purchase process by adding the products in his basket. By visiting the shopping cart page, the Customer can take note of the different delivery methods and their cost, as well as the countries of delivery.

After having validated his order and chosen his method of delivery, the Customer will have to check the products ordered and take note of the GTC. Once he has clicked on “Pay my order”, he is presumed to have accepted the GTCS, the price of the products, the content of his order and his delivery address.

After payment, the Customer will receive an order confirmation email. This email does not constitute the acceptance of the order by Caribbean Pineapple, which reserves the right to refuse an order, especially if the limit related to the prohibition of the purchase for resale is exceeded, of the abnormal nature of the order , claims or abnormal or abusive returns, existing dispute with the Customer, non-payment of a previous order.

Caribbean Pineapple can not be held responsible for a typing error on the part of the Customer and that does not allow the reception of the confirmation email and / or the delivery of the order.

ARTICLE 5. PAYMENT

Payment of the order can be made by credit card (Carte Bleue, Visa, Mastercard or American Express) or Paypal.

In case of payment by credit card, the debit is made at the time of the validation of the order, after confirmation of the bank issuing the card. If the bank refuses, the order will be automatically canceled.

The security of the transactions is ensured by Payplug by encrypting bank details using the SSL protocol. When the Customer registers his credit card for future purchases, the data is also encrypted. At no time does the Client’s banking data pass through the Caribbean Pineapple computer system.

ARTICLE 6. DELIVERY

6.1 Country of delivery

Products for sale on the Site are delivered worldwide.

6.2 Delivery times

Caribbean Pineapple makes every effort to ensure that the order is delivered as soon as possible. Orders placed on the Site on Fridays from 1 pm on Saturdays or Sundays will only be processed on the following Monday. Orders registered on the Site on a holiday will be processed the next working day.

From the dispatch of the order, the average delivery times are as follows:

– 2 to 3 working days in St Barthélemy
– 3 to 6 working days in Colissimo for France and the DOM
– 5 to 10 working days in international Colissimo

Delivery may be delayed for reasons beyond the control of Caribbean Pineapple. In this case, Caribbean Pineapple undertakes to keep the Customer informed of the situation.

A delivery is presumed to have been made when the carrier’s control system records the provision of the order with the Customer (delivery against signature).

If the package is damaged or its contents do not comply with the order, the Customer must contact Caribbean Pineapple by email sbh@caribbean-pineapple.com within fifteen (15) days of receipt of the products, in order to Initiate the return of the products in accordance with the procedure described in Article 8.2.

2 to 3 working days in St Barthélemy
3 to 6 working days in Colissimo for France and the DOM
5 to 10 working days in international Colissimo

Delivery may be delayed for reasons beyond the control of Caribbean Pineapple. In this case, Caribbean Pineapple undertakes to keep the Customer informed of the situation.

A delivery is presumed to have been made when the carrier’s control system records the provision of the order with the Customer (delivery against signature).

ARTICLE 7. RIGHT OF WITHDRAWAL

7.1 Exercise of the right of withdrawal

The Customer has a right of withdrawal of fourteen (14) days following the date on which he received the Products, in order to return the product (s) ordered without having to justify himself or to pay penalties, in accordance with Directive 2011/83 / EU of 25 October 2011 as transposed.

Any retraction of order must be notified by email sbh@caribbean-pineapple.com:

I / we (*) hereby notify you (*) of my / our (*) cancellation of the contract for the sale of the property below:

Ordered on (*) / received on (*):

Name of the consumer (s):

Address of the consumer (s):

Signature of the consumer (s) (only in case of notification of this form on paper):

Date:

(*) Delete the mention useless.

7.2 Terms of return

After notifying Caribbean Pineapple of its withdrawal, the Customer must return the products concerned within a maximum period of 14 days from this notification, accompanied by the return slip (to be completed online and to print by going to the Customer Account, heading “Tracking orders”).

The return of the products within the framework of the exercise of the right of retraction must be carried out in accordance with the conditions described in article 8.2 below.

The refund of the products related to the right of retraction will be made within fourteen (14) calendar days as from the date of notification of the retraction or deferred to the day of reception of the Products by Caribbean Pineapple.

ARTICLE 8. REFUND OF PRODUCTS

8.1 Money back guarantee

Without prejudice to the provisions on the right of withdrawal contained in Article 7, Caribbean Pineapple offers the Customer a total period of thirty (30) calendar days from the date of receipt of the products to return all or part of his order does not giving satisfaction, in order to obtain a credit or to be reimbursed.

In case of abnormal or abusive returns, Caribbean Pineapple reserves the right not to accept the return and to refuse a subsequent order.

8.2 Terms and conditions of return

For orders with Colissimo delivery:
All products returned by the Customer, whether under the right of withdrawal or the money back guarantee, must not have been used, damaged, soiled or washed by the Customer. They must be returned in an appropriate packaging and accompanied by the return form (to be completed online and to print by going to the Customer Account, section “Tracking orders”). In addition, the shoes must be returned in their box, but we thank you for not using this box as a transport box.

The return costs are the responsibility of the Customer.

The Products must be returned to our warehouse at the following address:

Caribbean Pineapple

St Jean

97133 St Barthélemy

Caribbean Pineapple can not be held responsible for any loss or damage occurring during transport, so it is recommended that the Customer use a tracking service. In case of loss or damage during transport, the Customer must contact his carrier directly.

If items are not received at the warehouse, Caribbean Pineapple will not be able to process the return.

8.3 Refund / Having

Once the returned products are verified by Caribbean Pineapple, the Customer will be refunded according to the mode chosen on his return slip. The refund will be made within thirty (30) calendar days from the date of receipt of the Products by Caribbean Pineapple. A credit may also be issued if the Customer so wishes. This breakable credit will only be usable on our site for 6 months.

ARTICLE 9. LEGAL GUARANTEES

All Products benefit from the legal regime of the guarantee of conformity provided for in the Consumer Code, as well as from the guarantee of hidden defects of the Civil Code, provided that the use was normal and that the maintenance instructions were been followed:

Consumer Code:

The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.

To be in conformity with the contract, the property must:
1º Be fit for the usual use of a similar good and, where appropriate:

correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Civil Code :

The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price, had he known them.

The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect.

ARTICLE 10. INTELLECTUAL PROPERTY

All intellectual property rights of the Site and its contents belong exclusively to Caribbean Pineapple. Any reproduction, use or partial or total modification of any element of the Site, in any form whatsoever, may not be carried out without the express permission of Caribbean Pineapple, which reserves the right to institute proceedings for intellectual property.

The Customer is granted a limited license, including the viewing and use of the Site in a personal capacity, and excluding the downloading or modification of the contents, in whole or in part, without the express written consent of Caribbean Pineapple. This license excludes any use of the Site for commercial or resale purposes, any retrieval and use of descriptions or prices of products, any use derived from the Site or its contents, or any use of data mining tools, robots indexing or data collection and retrieval tools. It is prohibited to reproduce, duplicate, copy, sell, or in any other way exploit all or part of the Site for commercial purposes without express written permission. It is prohibited to use any techniques to incorporate any Caribbean Pineapple trademarks, logos, proprietary information (including images, text, page layouts or forms) without express written permission. It is forbidden to use meta tags or any other “hidden text” using the name or trademarks without express written permission.

ARTICLE 11. PROTECTION OF PERSONAL DATA

The personal information collected on the Site is processed by Caribbean Pineapple for the purpose of customer relationship management and prospecting. They are accessible at any time in the “My Account” section.

In accordance with the law of 6 January 1978 relating to data, files and freedoms, amended in 2004 (hereinafter the “Data Protection Act”), the Customer has a right of access, rectification, of deletion and opposition relating to the personal data concerning him. To exercise it, he must send a message by email to sbh@caribbean-pineapple.com.
In accordance with the Data Protection Act, the processing of personal information collected on the Site has been declared to the National Commission for Computing and Freedoms (declaration n ° 1225721).

Caribbean Pineapple does not share any personal information with third parties for the purpose of prospecting, but may disclose it to legally authorized agencies and authorities, to the extent that disclosure is required or permitted by law, or when Caribbean Pineapple deems it necessary or appropriate to comply with applicable laws and other laws, or to protect or defend its rights or those of its employees, customers or any other person.

If the Customer has previously accepted, he may receive marketing emails from Caribbean Pineapple which he can unsubscribe, by clicking on the unsubscribe link at the bottom of each email received.

All personal information is stored at the host of the Site, whose coordinates appear on the Site under the heading “Legal Notices”.

In no case does Caribbean Pineapple ask to confirm by email account details or those of a credit card. If the Customer receives an email allegedly sent by Caribbean Pineapple requesting such information, he must not reply to it.

ARTICLE 12. COOKIES

This section “COOKIES” allows you to know more about the origin and use of browsing information processed during your consultation of our site and your rights.

Thus, during the consultation of our site, information relating to your browsing is likely to be recorded in “Cookies” files installed on your terminal (computer, tablet, smartphone, etc.).
We issue these cookies to facilitate your browsing on our site. They can also be issued by our partners in order to personalize the advertising offer sent to you outside our site.

In addition, cookies may be included in different areas of our site. These spaces can display advertising content from advertisers on your device.

Only the issuer of a cookie may read or modify information contained therein.

The cookies we issue

The cookies we install in your device allow us to recognize your browser when you connect to our site.
We issue cookies for the following purposes:

• Establish attendance statistics (number of visits, page views, abandonment in the order process, etc.) in order to monitor and improve the quality of our services.
• Adapt the layout of our site to the display preferences of your device.
• Store information entered in forms, manage and secure access to reserved and personal areas such as your account, manage your shopping cart.
• Provide you with content, including advertising, related to your interests and customize the offers we send you.

Third-party cookies

When you access the caribbean-pineapple.com site, one or more of the cookies of partner companies (“third-party cookies”) may be placed on your computer via the pages of our site or via content broadcast in our advertising space.

The cookies placed on our site by the service providers we use to promote our activities and our offers, are designed to:

• to identify the products consulted or purchased on our site in order to personalize the advertising offer sent to you outside the caribbean-pineapple.com site.
• to send you, if you have authorized it when registering with these service providers, Caribbean Pineapple offers by email.

The cookies contained in the advertising space of our site are intended to allow the establishment of statistics on advertisements broadcast (number of posters, advertisements displayed, number of users having clicked on each advertisement,.)

The issue and use of cookies by third parties are subject to the privacy policies of these third parties. We have no access or control over third-party cookies. However, we make sure that the partner companies treat the information collected on the caribbean-pineapple.com website exclusively for the purposes of Caribbean Pineapple and in compliance with the “Informatique et Libertés” law.

You may refuse third-party cookies by an appropriate setting on your browser.

Your choices regarding cookies

Several options are available to manage cookies. Any setting may change your Internet browsing and your conditions of access to certain services that require the use of Cookies.
You can configure your browser software so that cookies are saved in your device or, conversely, they are rejected, either systematically or according to their issuer.

You can also configure your browser so that the acceptance or rejection of cookies is offered to you punctually, before a cookie is likely to be stored in your device.

If your browser is set to refuse all cookies, you will not be able to make purchases or take advantage of essential features of our site, such as storing items in your cart or receiving personalized recommendations. The configuration of each browser is different. It is described in the help menu of your browser, which will allow you to know how to change your wishes for cookies.

Parameters of the main browsers

You may at any time choose to block or disable these cookies by setting the browser on your computer, tablet or mobile, in accordance with the instructions set by your internet browser provider and appearing on the web sites mentioned below.
For more information, you can also consult the CNIL website and in particular the page: https://www.cnil.fr/en/recommendation-on-the-cookies-which-bonds-for-the-responsibles-of- -sites-what-advice

On Mozilla Firefox:

Open the “Tools” menu and select “Options”; click on the “Privacy” tab then choose the options you want or follow this link: http://support.mozilla.org/en/kb/activate-deactivate-cookies

On Microsoft Internet Explorer:

Open the “Tools” menu and select “Internet Options”; click on the “Privacy” tab then the “Advanced” tab choose the desired level or follow this link: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies

On Safari:

Choose “Safari> Preferences” and click on “Security”; In the section “Accept cookies” choose the desired options or follow this link: http://support.apple.com/kb/index?page=search&fac=all&q=cookies%20safari

On Google Chrome:

Open the setup menu (wrench logo) and select “Options”; click “Advanced Options” and then in the “Privacy” section, click “Content Settings” and choose the desired options or follow this link: https://support.google.com/chrome/answer/95647?hl = en

On iOs:

http://support.apple.com/kb/HT1677?viewlocale=fr_FR
You can also type “cookies” in the “help” section of your browser to access the setting instructions.

ARTICLE 13. MISCELLANEOUS

13.1 Force majeure

Caribbean Pineapple will not be liable for delay in the performance or non-performance of all or part of its obligations, if this is caused by an event constituting force majeure, particularly in case of disruption or total or partial strike of postal services and means of transport and / or communication, flood or fire. Caribbean Pineapple will notify Customers of an event of Force Majeure, no later than five (5) business days after its occurrence. Caribbean Pineapple will make its best efforts to inform the Customer, as soon as possible, the terms of processing of his order during the duration of the case of force majeure.

13.2 Partial invalidity

If one of the provisions of these GSC was found to be void or unenforceable, the remainder of the GTCS would remain in force, unless the invalidated obligation is an essential obligation whose removal or cancellation would prevent continuation whole terms and conditions.

13.3 Retention and archiving of transactions

The archiving of invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy.

13.4 Change of Terms and Conditions

Caribbean Pineapple reserves the right to change, modify, add or delete any part of these T & Cs at any time. Any modification to the GSC will be published on the Site. The date at the beginning of these T & Cs will be modified to indicate the last revision date. The terms and conditions applicable to an order are those in force on the date of payment of the order.

13.5 Mediation

In accordance with the provisions of the Consumer Code concerning “the process of mediation of consumer disputes”, the Customer has the right to free use of a mediation service. Electronic link to the Online Dispute Resolution Platform (RLL): https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

The dispute can only be examined by the consumer ombudsman when:
a) The Customer justifies having tried, beforehand, to resolve his dispute directly with the Seller by a written complaint;
b) The Client has submitted his request to the mediator within less than one year from his written complaint to the Seller.

The request must not be clearly unfounded or abusive. Finally, if the dispute has already been examined or is under consideration by another mediator or by a court, or if it does not fall within its jurisdiction, the mediator will have to reject the Client’s request. In the event that his request is not admissible, the Client is informed by the mediator of the rejection of his request for mediation, within a period of three weeks from the reception of his file.

13.6 Governing Law and Jurisdiction

These Terms are subject to French law. In case of dispute, the French courts will be competent. The parties undertake, however, to seek an amicable solution before any legal action.

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