ARTICLE 1 – SCOPE AND ACCEPTANCE OF THE TERMS
1.1 These Terms apply to any access to and use of the Website and govern any Orders placed via the Website, subject to Section 4.9. Any User of the Website is deemed to have accepted the Terms.
1.2 Charlie’s Son SARL may amend the Terms at any time by publishing a new version thereof on the Website and any access to and/or use of the Website following such publication shall be governed by such a new version of the Terms.
1.3 Charlie’s Son SARL may inform Users who have created a Customer Account about any amendments of the Terms via e-mail if deemed appropriate at its free discretion. Customers’ sole remedy, if they do not accept any of the amendments, is to cancel their Customer Account and stop using the Website.
ARTICLE 2 – DEFINITIONS
The following words, when written with a capital letter, whether used in the singular or plural form, shall have the meanings defined hereafter : Basket: refers to the summary of any Order awaiting confirmation from the relevant Customer;
Brand: refers to the brand “Charlie’s Son SARL” including any and all tradenames, trademarks, logos, designs, Internet domain names, goodwill and any other type of intangible assets and distinctive attributes related thereto, whether registered or not, existing anywhere in the world;
Customer: refers to any User setting up a Customer Account and/or placing one or more Orders on the Website;
My Account: refers to the personal Customer account any User may create on the Website, provided that he/she fulfills the relevant criteria set forth in these Terms;
Order: refers to any orders of one or more Products placed by any Customer via the Website;
Personal Data: refers to the personal data (as defined in the relevant data protection legislation) regarding Users accessing the Website, and collected by Charlie’s Son SARL through the operation thereof, in particular, the data related to any Orders and/or Customer Accounts;
Product: refers to the products offered for sale on the Website, such as swimwear for men, women, children, clothing for men, accessories (sunglasses, bath towels, etc.), sun creams and other products;
Product Sheet: refers to the photographs of the Products edited by Charlie’s Son SARL and the description of the main characteristics of the said Products;
User: refers to any individual accessing the Website; irrespective of the means used for accessing the Website;
Charlie’s Son SARL: registered with the Trade Registry in Geneva (Switzerland), under the number CHE-113.721.026, whose registered office is located at Avenue de Rosemont, 8, 1208 Geneva (Switzerland);
Website: refers to the website accessible at www.charlies-son.com, including any sites connected to the same domain (e.g. blog.Charlie’s Son SARL.com, etc.), but excluding any external websites to which the Website may link.
ARTICLE 3 – THE WEBSITE
3.1 The Website and its content, are provided by Charlie’s Son SARL for strictly personal use and for the sole purposes of informing Users about the Products and promoting the Brand, as well as allowing customers to place orders.
3.2 Exclusively for the purposes specified above, Charlie’s Son SARL grants the Users a limited, revocable, non-exclusive right to access and use the Website in accordance with the Terms. For the avoidance of doubt, as between Charlie’s Son SARL and the Users, any rights in the Website, its content, and in the Brand remain the sole and exclusive property of Charlie’s Son SARL.
3.3 Users shall not reproduce, distribute, sell, or assign any content of the Website or otherwise use or exploit the Website or its content for any purposes other than those specified above. In particular, each User covenants not to (i) use the Website for any purposes or in any manner that would contravene any applicable provisions of law or infringe any intellectual property or other rights or legitimate interests of Charlie’s Son SARL or any third party, (ii) provide any untrue, inaccurate or incomplete information to Charlie’s Son SARL, and (iii) use any malicious code or programme in connection with the Website, with the objective of damaging the Website or interfering with its proper functioning or gaining access to or extracting any content or data therefrom, including Personal Data of other Users.
3.4 Charlie’s Son SARL may change the Website or any part thereof, without notice and with no liability towards the Users.
ARTICLE 4 – CUSTOMER ACCOUNTS AND ORDERS
4.1 Subject to section 4.3 below, Users may create personal Customer Accounts to save certain information such as e-mail, shipping, and billing addresses, to remember favorite products, to check pending and past Orders, to subscribe and unsubscribe Charlie’s Son SARL newsletters as well as other functionalities Charlie’s Son SARL may from time to time implement in the Customer Accounts section of the Website.
Customers are solely responsible for choosing a safe password and safekeeping it, to avoid abuse of their Customer Accounts. If Customers suspect any abuse of their Customer Account, he/she shall immediately change the password and inform Charlie’s Son SARL.
4.2 Subject to section 4.3 below, Customers may place Orders using their personal Customer Account or as “guests”, in which case they must provide Charlie’s Son SARL at least with a valid and operational e-mail address, a shipping address and, if different from the latter, a billing address.
4.3 Customers must be at least 18 years of age and have full legal capacity in order to create and use a Customer Account and/or to place Orders independently.
Customers who are not 18 years of age or who have restricted legal capacity may do so with the consent of their legal representative.
When a Customer creates a Customer Account and/or each time a Customer places an Order, he/she represents and warrants to Charlie’s Son SARL fulfilling the above criteria.
4.4 Customers shall only provide Charlie’s Son SARL with true, accurate and complete information upon which Charlie’s Son SARL and its partners shall fully rely, in particular, for the processing of Orders.
Charlie’s Son SARL and its partners shall have no responsibility or liability whatsoever with respect to the untrue, inaccurate and/or incomplete information provided by Customers and, in particular, shall have no obligation to verify the shipping address when processing an Order.
Any additional costs that may arise in connection with the provision of untrue, inaccurate and/or incomplete information shall be fully born by the relevant Customer.
4.5 Orders may only be placed for personal purposes. Charlie’s Son SARL reserves the right to limit the number of products per Customer and/or per Order.
These limits may apply to the Orders placed via the same Customer Account, the same credit card, or using the same billing and/or shipping address.
4.6 Charlie’s Son SARL is not obliged to accept any Orders. In particular, Charlie’s Son SARL may reject Orders and/or terminate Customer Accounts by Customers who have failed to comply with any of the provisions of these Terms, in particular, payment obligations, or if it suspects that Orders are placed in view of reselling the Products.
4.7 Order process
4.7.1 Customers may check the content of their Basket by clicking on the corresponding icon and may amend such content at any time during the Order process until payment.
The Basket expires usually at the end of a six (6) days’ period as from the date of its creation by adding a Product or Products and/or as from a change to the Basket (addition or withdrawal of a Product).
4.7.2 During the Order process, Customers are guided through different stages by the Website.
Until payment, Customers may return to the previous stage at any time.
4.7.3 Customers complete their Orders by confirming their payment.
4.8 Once completed, Charlie’s Son SARL confirms Orders to Customers by e-mail.
Customers are advised to keep such confirmation e-mails.
If Customers do not receive a confirmation e-mail from Charlie’s Son SARL upon completion of any Orders, they are advised to contact the Charlie’s Son SARL at the address indicated in Section 12, after verification of their spam inbox.
ARTICLE 5 – PRICE OF THE PRODUCTS – SETTLEMENTS
5.1 The prices displayed on the Website for each Product are indicated in different currencies, depending on the country the user has chosen for shipping. Additional shipping fees may apply.
5.2 Prior to completion of any Order, Customers are provided with an overview of the total cost, in the relevant currency, including the price of all the Products, applicable taxes and shipping costs and discounts, if any.
The amount of the Order may be settled using the payment methods available on the Website for the relevant country.
5.3 Customers completing an Order represent and warrant to Charlie’s Son SARL being entitled to use the payment instrument they use (e.g. credit card or PayPal account).
ARTICLE 6 – AVAILABILITY OF THE PRODUCTS
6.1 Charlie’s Son SARL uses its best efforts to make sure only Products are shown as available on the Website, which is in stock.
If nonetheless, certain Products shown as available on the Website should be unavailable, Charlie’s Son SARL will inform Customers having ordered such Products as soon as possible.
6.2 In such case, Customers have the possibility of:
– being delivered a Product of their choice of equivalent quality and price;
– waiting for the Product initially ordered to be back in stock; or
– withdrawing from the purchase and asking for a refund (including delivery costs, if any).
6.3 Charlie’s Son SARL will refund exclusively by bank transfer.
ARTICLE 7 – SHIPPING
7.1 Charlie’s Son SARL endeavors to ship the Orders within the lead times specified by Charlie’s Son SARL upon processing any Order and within a maximum period of thirty (30) days.
7.2 If Charlie’s Son SARL fails to ship any Products within thirty (30) days after completion of the relevant Order, Customers may set a reasonable grace period to Charlie’s Son SARL in writing.
Should Charlie’s Son SARL fail to ship the Products within such a grace period, Customers may withdraw from the purchase, by informing Charlie’s Son SARL in writing. In this case, Section 6.3 applies accordingly.
7.3 Should a Customer place an Order for several Products, Charlie’s Son SARL may be required to ship the Products in several deliveries.
In this case, Charlie’s Son SARL will inform the Customer accordingly.
7.4 In principle, Charlie’s Son SARL (cf. Section 4.7 above) ship the Products to any address within the countries indicated during the Order process.
Should a specific shipping address not be served for any reason, Charlie’s Son SARL informs the relevant Customer as soon as possible.
7.5 Customers must check any parcels upon delivery and put forward any reservations, or refuse parcels if they are likely to have been opened or show clear signs of damage.
The reservations and claims must be notified to the carrier by registered letter with confirmation of receipt within three (3) working days following receipt of the Products.
Customers shall send a copy of this notification to Charlie’s Son SARL with no delay.
ARTICLE 8 – CUSTOMER’S RIGHT OF WITHDRAWAL
8.1 Notwithstanding any of the above, Charlie’s Son SARL grants Customers the right to withdraw from any purchase before and within thirty (30) days as of the day following delivery.
In the case of orders delivered in multiple shipments, the 30-day period starts on the day following delivery of the last item. In this case, Charlie’s Son SARL will reimburse all payments received from the relevant Customers for the Products returned in accordance with this Section 8, including shipping fees equivalent to the least expensive shipping method available on the Website. To withdraw from any Order in accordance with this Section 8, Customers shall notify Charlie’s Son SARL in writing, using the form available at Contact. Charlie’s Son SARL will acknowledge receipt of the withdrawal notice by e-mail. Section 4.8 applies accordingly.
8.2 In order to successfully withdraw from any Order, Customers shall return the Products (postmarked) within thirty (30) days following the notification according to Section 8.1, in their original packaging and including all documentation and accessories that might have been shipped with the Products, as well as the relevant invoice. Cost and risk of returning the Products are borne by the Customers.
8.3 Customers shall take all due care of the Products while in their possession. Customers are advised that Charlie’s Son SARL reserves the right to reject any returns, if Customers have breached such obligation of care, in particular, if the Products returned are damaged or show signs of use.
In this case, Charlie’s Son SARL will send the returned Products back to the Customer and not refund the price thereof.
8.4 If any Products are returned in accordance with this Section 8, Charlie’s Son SARL will process the refund as soon as possible and, in any case, within thirty (30) days after the day on which the Products are received back.
ARTICLE 9 – PRODUCT WARRANTY AND LIABILITY
Son SARL warrants that the Products are according to the relevant Product
Sheet, free from defects and fit for the designated purpose.
9.2 Should any Product delivered by Charlie’s Son SARL not comply with the warranty according to Section 9.1 above, and subject to Section 9.3, Customers may return such Product and Charlie’s Son SARL shall at its own cost and at the Customers’ choice:
– either deliver an identical replacement Product, subject to availability;
– deliver a Product of equivalent quality and price, subject to availability; or
– reimburse the purchase price within a period of thirty (30) days following the request thus made.
9.3 Customers who intend to claim any rights under warranty shall first contact Charlie’s Son SARL at the address indicated in Section 12 before returning any Products.
Charlie’s Son SARL reserves the right to assess the grounds for warranty before and after any return and Customers shall fully cooperate with Charlie’s Son SARL for the purposes of such assessment before returning any Products (i.e. provide any information that might be requested by Charlie’s Son SARL, including photos of possible defects).
9.4 Products that have been altered and/or damaged by Customers or that have been used in a way that does not comply with their designated purpose or use, in accordance with the instructions and directions for use provided by Charlie’s Son SARL, will be excluded from any and all warranties.
In such case, Charlie’s Son SARL will send the returned Products back to the Customer and not refund the price thereof.
9.5 Subject to mandatory provisions of applicable law, the Customers’ remedies under Section 9.2 represent Charlie’s Son SARL’s exclusive liability to the Customers, with respect to the Products.
ARTICLE 10 – WEBSITE WARRANTY AND LIABILITY
10.1 The Website and any of its contents and services are provided by Charlie’s Son SARL AS IS with no warranty whatsoever.
10.2 Subject to mandatory provisions of applicable law, Charlie’s Son SARL expressly disclaims any liability, including its directors, representatives, partners and other auxiliaries, with respect to the Users’ access to and use of the Website. In particular, Charlie’s Son SARL and its directors, representatives, partners and other auxiliaries may not be held liable for any disorder of any kind whatsoever regarding the Users’ IT equipment and their internet connection, when accessing the Website.
ARTICLE 11 – PERSONAL DATA
ARTICLE 12 – ASSISTANCE – CLAIMS
For any technical information, question or claim regarding the Website, the Products or regarding any Order, Users may contact Charlie’s Son SARL at the following email address: [email protected]
ARTICLE 13 – MISCELLANEOUS
13.1 Should any provision of the Terms be considered as illegal or unenforceable by a court of competent jurisdiction, the other terms shall remain in force and the illegal or unenforceable provision shall be deemed replaced by a legal and enforceable provision reflecting as closely as possible the intent of the original provision.
13.2 The correspondence between Charlie’s Son SARL and the Users shall generally be exchanged by e-mail.
Users acknowledge that they bear the burden of proof that any of their e-mails have been sent and, if applicable, in due time. Users are thus advised to send a copy of any important notifications, which shall produce legal effects or are subject to a time limit, by registered letter
ARTICLE 14 – APPLICABLE LAW – DISPUTE SETTLEMENT
to any mandatory provisions of applicable law, these Terms are subject to Swiss
14.2 In the case of a dispute arising in relation to these Terms Users shall first contact Charlie’s Son SARL in order to reach an out-of-court solution.
14.3 In the case of failure to reach an out-of-court settlement, Charlie’s Son SARL and the User will agree to refer their dispute to a mediator appointed by Charlie’s Son SARL and the User.
14.4 In the case of failure to reach a settlement of the dispute through mediation, either party may refer the dispute to any Court of competent jurisdiction.