CUSTOMER TERMS & CONDITIONS
IMPORTANT NOTE: As well as reading the following Terms & Conditions to which you have agreed by using this Site, you should also refer to the terms and conditions of each individual seller ("Seller") on their carnetdemode.com home or product pages before making any order.
Acceptance of terms
These provisions (together with any other documents referred to in these provisions) set out the terms and conditions on which you may make use of the carnetdemode.com website (the "Site") or our mobile application service (the "App") (together the "Service"), whether as a guest or registered user ("Customer Terms").
We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.
1. About us
The Services are operated by Carnet de Mode ("we"). We are registered in France and under company number 528 278 997 and with our registered office address at 142 Rue de Rivoli, Paris, 75001, France.
2. Accessing our Service
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.
3. Use of the App
(a) We grant you the right to use the App only for your personal use on an iOS product that you own or control. You may not: (a) modify, copy, publish, license, sell or otherwise commercialise the App or any information or software associated with it; (b) rent, lease or otherwise transfer rights to the App; or (c) use the App in any way that could impair our Site or Service in any way or interfere with any party's use or enjoyment of our Site or Service.
(b) Neither we nor any of our licensors or service providers has any obligation to provide any maintenance and support services with respect to the App or any other part of the Service.
(c) In using the App through an iOS product, you confirm that you have agreed to the applicable Apple Terms and Conditions relating to such use.
If you breach any of these Customer Terms, your right to use the Site and/or Service will cease immediately and you must, at our option, return and/or destroy any copies of the content you have made.
4. Intellectual property rights
We own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the App or any other part of the Service.
You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors.
We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us here to report the concern.
5. Description of carnetdemode.com's service
Please note that when you decide to purchase goods and/or services, Carnet de Mode acts as a Merchant of Record performing due diligence by overseeing and controlling all commercial activity on the platform. In this way, the MoR's payment service provider has a relationship with only the MoR itself.
Responsibilities of an MoR include:
- Managing all transactions, refunds, cancellations, and disputes.
- Providing the first line of customer support for shoppers (firstname.lastname@example.org)
- Acting as the final arbiter of financial disputes.
- Monitoring to ensure that no illegal, prohibited, or counterfeit products or services are sold.
You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
6. Disclaimer of Warranties and limitation of liability
(a)To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
(b) The Site and App are provided "as is" and "as available" and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
(c) You download and use the App at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App.
(d) Neither we nor our licensors are liable to you or any user for any use or misuse of the App. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (c) applies whether damages arise from use or misuse of and reliance on this App, from inability to use the App, or from the interruption, suspension or termination of the App (including any damages incurred by third parties).
(e) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
7. How contracts are formed between you and Sellers
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.
No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.
All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered.
The payment process is handled by adyen B.V., Simon Carmiggestraat 6-50, 1011 DJ Amsterdam, The Netherlands, under application of the adyen provisions which can be looked up at www.adyen.com.
Carnet de Mode takes responsibility for the correct handling of transactions (refunds, cancellations and chargebacks) This includes all credit card and debit card payments that go through our online website
In case of any discrepancies, please contact Carnet de Mode support at email@example.com
9. Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
10. Delivery arrangements
Your shopping basket on the Site displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.
11. Import regulations and duty
If you order goods from our Site for delivery outside the France, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
If you wish to discuss or organize a return, exchange or refund of any item purchased through the Site (see below for a description of non-cancellable items), please login to 'My Account' and use 'Orders & Returns' service in accordance with our Returns & Refunds Policy. Any returns or refunds shall be made by the Seller in accordance with the Returns & Refunds Policy.
You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.
The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
14. Uploading material to the Site
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user's identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
15. Viruses, hacking and other offences
You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
19. Force majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
20. Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either Carnet de Mode or the Seller) under the Contracts (Rights of Third Parties) or otherwise. Nothing in this clause excludes the rights of Carnet de Mode when acting as commercial agent of any Seller.
21. Law and jurisdiction
Contracts for the purchase of goods or services through our Site or the App shall be governed by French law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of France.
General comments about the Site are welcome, please contact us at firstname.lastname@example.org.
23. Other applicable terms and conditions
Additional terms and conditions may apply to certain of our products and services. These products and services, and the terms and conditions which apply to them, are set out below.
24. Promotional code terms and conditions
1. By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
2. The terms and conditions on the Site shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these promotional code terms and conditions.
3. Carnetdemode.com promotional codes can only be used on Carnetdemode.com and towards the purchase of items currently featured on our Site, excluding delivery charges.
4. Promotional codes are an arrangement between you and us, and not between you and the Seller. Promotional codes cannot be used on the individual websites of any Sellers on Carnetdemode.com.
5. Promotional codes cannot be used in conjunction with any other offer on Carnetdemode.com, including (but not limited to) any other Carnetdemode.com promotional code, in the same transaction.
6. The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges.
7. Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. Specific terms and conditions for each promotional code setting out any such limits can either be found in the communication you received with the code itself or on the specific promotional code terms and conditions page via the Site.
8. Carnetdemode.com reserves the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. notonthehighstreet.com may update these terms from time to time and reserves the right to add additional terms and conditions for specific promotional codes as and where necessary. You should review the promotional code terms and conditions periodically for changes.
9. Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.
10. Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.
- Last amended November 7th, 2018 by Carnet de Mode
Free international shipping above 200€
Carnet de Mode ships worldwide and offers free international shipping when you purchase over 200€. The cost of shipping will be calculated at the checkout. Click here for more details. (link to http://en.carnetdemode.com/orders-and-shipping/)
VAT & DUTY FEES may apply (link to another pop up: The prices listed on the site include Value Added Tax (VAT) but not Custome duties (DUT.) In case of a return, the client is responsable for Custome duties, sales tax or VAT fees.
Guidelines on duties and taxes for EU buyers
If you purchase goods from non EU countries, Customs Duty and/or Import VAT may be due. It is the responsibility of the sender, in Carnet de Mode's case the designer, to provide details of the goods that are being shipped for the calculation of duty and VAT. It is the responsibility of the buyer to pay for any additional Duty or VAT due.
Buying from a non EU countries
Goods of 15€ or equivalent in local currency or less are free from customs duty and import VAT. Items specified as gifts with a value of 48€ or less will be free from customs duty and import VAT. Customs duty becomes payable if the value of the goods is over 110€, or equivalent in local currency but duty is waived if the amount of duty calculated is less than 7€, or equivalent in local currency.You can also estimate your Duty and VAT payment using the following calculator: http://dutycalculator.com)
Adyen Restricted & Prohibited List
This list shows which Merchant Products and Services the Services of Adyen may not be used for, or only may be used for with the express written permission of Adyen. This list is compiled on the basis of Adyen's current understanding of applicable laws, risks factor (including likely Chargeback Levels and/or fraud levels), reputation impact and costs aspects related to providing Adyen's Services for the relevant categories of products or services.
The Scheme Owners of specific Payment Methods, the use of which Adyen enables via its Services, may have more stringent restrictions with respect to certain products or services. Merchant should check then current restrictions or prohibitions applicable to the relevant Payment Method when using a Payment Method to ensure compliance.
The fact that Adyen generally or on an exceptional basis agrees to provide its Services for a particular product or services type should not be interpreted as an advice or opinion of Adyen as to the legality of Merchant's Products and Services and of its intended use of the Services therefore. Merchant is and remains solely responsible to ensure the Merchant Products and Services sold are compliant with the applicable Scheme Rules and applicable laws in its country of origin and the countries its customers are based in.
Where Adyen agrees to provide its Services for a broad category of services (e.g. DVDs), this does not imply that this consent also covers subcategories within that category which are prohibited or restricted as per this list (e.g. counterfeit DVDs).
1.1 Prohibited for all transaction types
Merchant may never use the Adyen services in relation to any of the following:
- Drugs, and tools specifically intended for the production of drugs, Drug paraphernalia Illegal Drugs, substances designed to mimic illegal drugs, and/or other psycho active products (e.g.,K2, salvia divinorum, nitrate inhalers, bath salts, synthetic cannabis, herbal smoking blends, herbal incense, and HCG/HGH-like substances)
- Products/services specifically offered or intended to be used to create drugs or grow ingredients for drugs (e.g. 'grow shop' products, seeds for cannabis plants, etc.)
- Pyramid selling
- Escort agencies / massage parlors / sexual services
- Timeshare and timeshare maintenance
- Independent financial advisers (IFA), Payday loans and unsecure loan/lines originating from non FDIC insured banks
- Counterfeit goods/replicas or those infringing on intellectual property rights, including those designed to infringe on such intellectual property (i.e., knock-offs, imitations, bootlegs)
- Trade of weapons, ammunitions, military arms, explosive devices and firearm parts
- Products/services that promote hate, violence, discrimination, terrorism, harassment or abuse
- Products designed to circumvent copyright protection techniques or to otherwise facilitate the unlicensed use of copyrighted materials (e.g. 'mod-chips' to break the encryption of game computers to enable the playing of unlicensed copies of games).
- Providing gambling services in jurisdictions where this is illegal or (where applicable) offering gambling services without a valid license to the relevant jurisdiction.
- Illegal products/services or any service providing peripheral support of illegal activities
- Adult entertainment, websites & content (such as)
o Adult book stores, video stores, toys
o Any products on the internet containing graphic or nude content o Audio (phone sex and adult phone conversations)
o Companion/escort services or dating services (sexually-oriented) o Fetish products
o Membership, clubs, subscriptions
o Gentleman's clubs, topless bars, and strip clubs
o Video (web-based sexually oriented video)
- Fake references and other services/products that foster deception (including fake IDs and government documents)
- Mail order spouse and international match-making services Social media "click farms" (i.e., the sale of clicks/likes/reviews/endorsements on social media sites)
- Telemarking companies involved with the following methods of operations:
o Offering a free gift, prize, or sweepstakes/contest entry as an inducement to purchase products/services.
o Inbound telemarketing companies that receive calls as the result of post cards or similar mailings (as opposed to catalogue or media advertising).
o Selling products/services as an agent for a third party.
• Merchants engaged in any form of deceptive marketing practice including but not limited to:
o Hidden Disclosure
o Bogus claims & endorsements
o Pre-checked opt in boxes
o Refund/Cancellation avoidance
o Poorly disclosed negative options
o Merchants offering substantial rebates or special incentives (e.g., free gift, prize, sweepstakes, or contest) as an inducement to purchase products/services
o Negative response marketing techniques by any type of merchant (i.e., customer is automatically charged if they don't return the merchandise at the end of a free trial period)
1.2 Restricted for all transaction types
Merchant may only use the Adyen Services in relation to any of the following with the express written approval of Adyen, which approval Adyen may withhold or revoke in its discretion where it finds this to pose a risk to Adyen's business and/or reputation:
• Betting and gambling, including:
• Jammers or devices that are designed to block, jam or interfere with cellular and personal communication devise/signals (e.g., GPS), Decryption and descrambler products including mod chips, Spy devices / services / software
oLegal gambling where the cardholder is not present when the bet is made as well as for direct purchase of wagers/chips via payment card
o Lotteries, including online lotteries o Sports forecasting or odds making o Internet gambling
- Games of skill where participants receive cash or cash equivalents or prizes with/of material value. (e.g. electronics, travel, gift cards etc.)
- Fantasy sports leagues where participants receive cash or cash-equivalents or prizes with/of material value. (e.g. electronics, travel, gift cards etc.)
- Financial Services / Money Service Businesses, including:
o Provider or seller of prepaid access/stored value*
o Cash advances (by non-financial institutions)
o Issuer/seller/redeemer of money orders or traveller's checks o Check cashers
o Virtual currency or e-wallet or e-money that can be monetized, re-sold or converted to physical/digital goods/services or otherwise exit the virtual world
o Money Transfer
* Open-loop & Closed-loop prepaid access includes gift cards, phone cards, subway cards, college campus cards, game cards and other limited-use prepaid access devices when the value can exceed $2,000
- Third Party Payment Processors/Aggregators/Payment Service Companies (e.g., bill pay service, crowd funding, peer-to-peer payments, commissary accounts), Payment Facilitators, ISO's and other Internet Payment Service Providers (IPSP) / Member Service Providers (MSP) / Fulfillment houses, Shipping/forwarding brokers
- Auctions, Bidding fee auctions (a/k/a penny auctions)
- Paying fines or penalties of any kind
- Security brokers & Investments of any kind, like purchase of securities, currencies, derivatives, commodities, shares, foreign currencies, options, other financial instruments or precious metals
- Private medical practices and e-doctors
- Products or services related to political or social campaigning
- Car sales / importers and car advertising publications
- Multi Level Marketing
- Airlines (including airlines "nested" under another entity)
- Bail bonds
- Bankruptcy lawyers
- Business/Investment opportunities operating as "get rich quick schemes"(e.g., real estate purchase with No Money Down, government grants)
- Business service companies, such as payroll services, invoicing services and consumer services
- Chain letters
- Collection agencies or firms involved in recovering/collecting past due receivables
- Credit repair/restoration or card protection (including identity theft protection)
- Cruise lines (including cruise lines "nested" under another entity)
- Data pass (merchants up-selling or cross-selling products to other merchants and then sharing the cardholder data with the third party or receiving cardholder data from third parties)
- Debt consolidation and mortgage reduction/consulting services
- Door-to-Door sales
- Embassy, Foreign Consulate, or Other Foreign Government
- Essay mills/paper mills (i.e., ghost writing services that sell essays, term papers, etc. with intent that the purchaser will submit documentation as their own)
- Extended warranties
- Merchants that have ransom-like or extortion-like basis for their business model (e.g.,
- Merchants utilizing tactics to evade Card Brand excessive chargeback monitoring programs
1.3 Restricted for E-Commerce/CNP only
Merchant may only use the Adyen Services in relation to any of the following with the express written approval of Adyen, which approval Adyen may withhold or revoke in its discretion where it finds this to pose a risk to Adyen's business and/or reputation:
- Travel and holidays
- Ticket agencies
- Tobacco & Alcohol product, Businesses selling age or legally restricted products or services (including e-cigarettes)
- Prescription medicines and pharmaceuticals, incl prescription medical devices (like contact lenses)
- Pseudo pharmaceuticals / Nutraceuticals and food products or other digestibles marketed via-unsubstantiated and/or unlawful health or medical claims (e.g., food supplements, vitamins, weight-loss, anti-aging, muscle-building, sexual-stimulant supplements, colon cleansers, detox products)
- Specific cosmetic products that claim extreme results (Anti-wrinkle, Skin Repair etcetera)
- Cyber Lockers, Cloud Storage and File Sharing services
- Services associated with pseudo-science (e.g., clairvoyance, horoscopes, fortune telling, etc.)