ARTICLE 1 - IDENTIFICATION AND PURPOSE
These general terms and conditions of sale detail the rights and obligations of JOKA and its customer regarding the online sale of the following goods: men's, women’s and children's footwear; swimwear; clothing and accessories of the "CACATOÈS" brand. JOKA is a simplified joint stock company (SAS) with a capital of 140 000 euros whose registered office is located at 1 rue Charles Tellier 13014 Marseille. It is registered with the RCS in Marseille under number 814269940. The telephone number is +33 4 84 52 08 59 and the e-mail address is help@mycacatoes.com. These general terms and conditions of sale apply to the products sold on the https://www.mycacatoes.com and https://www.mycacatoes.fr websites and concern exclusively non-trading individuals.
ARTICLE 2 - ORDERING
Placing an order implies irrevocable acceptance of these general terms and conditions of sale. These general terms and conditions of sale may be modified from time to time. The applicable terms and conditions are those in force on the date the order is placed. The order can only be registered on the site if the user has clearly identified himself by entering his customer code (corresponding to his e-mail address) and a chosen password. All orders are only considered once payment has been accepted. Once payment has been accepted, JOKA will confirm the order to the customer by email, assigning an order number. The site does not allow the purchase of products for resale. The customer is fully informed that the photo images and colors of the items offered for sale may not correspond to the actual colors because of the Internet browser on the screen used. The company reserves the right not to register a payment and not to validate the order for any reason whatsoever, and more particularly in the event of an existing dispute with the customer, abnormal or abusive exchanges and returns, abnormal or abusive complaints, or abnormal orders regarding the quantities ordered.
ARTICLE 3 - VALIDATING YOUR ORDER
Any order placed on the https://www.mycacatoes.fr website implies acceptance of these General Terms and Conditions. Any confirmation of an order implies full acceptance of these General Terms and Conditions of Sale, without exception or reservation. All the data provided and the recorded confirmation shall constitute proof of the transaction. The customer declares that he/she is fully aware of them. Confirmation of the order will constitute signature and acceptance of the operations carried out.
ARTICLE 4 - PRICES
The prices of our products are indicated in euros, inclusive of all taxes (VAT and other taxes applicable on the date of the order), unless otherwise indicated and exclusive of processing and shipping costs. In the case of an order to a country other than mainland France, the customer is the importer of the product(s) concerned. Customs duties, other local taxes, import duties and state taxes may be payable. These duties and sums are not the responsibility of JOKA. They will be borne by the customer and are your sole responsibility, both in terms of declarations and payments to the competent authorities and organizations in your country. All orders, regardless of their origin, are payable in euros. JOKA reserves the right to modify its prices at any time, but the product will be invoiced based on the price list in force at the time the order is validated and subject to availability. The products remain the property of JOKA until full payment has been received. All orders placed on the site and delivered to DROM-COM, Andorra, Switzerland and countries outside the European Union may be subject to any taxes and customs duties that are imposed when the parcel reaches its destination. These customs duties and taxes are the responsibility of the customer. Mycacatoès is not legally bound to verify and inform the customer of applicable customs duties and taxes. By ordering on the site, the customer is considered the official importer and is required to comply with all laws and regulations in force in the country receiving the goods. It is important to remember that cross-border deliveries may be subject to opening and inspection by the customs authorities.
ARTICLE 5 - PRODUCT AVAILABILITY
JOKA undertakes to honor orders received on the website only within the limits of available stocks of products. If one or more products ordered are not available, the company undertakes to inform the customer as soon as possible. The Customer's order will then be automatically cancelled. The Customer will be informed by e-mail or telephone as soon as possible and will be reimbursed for the full amount of the order.
ARTICLE 6 - DELIVERY
Products are delivered to the delivery address indicated during the order process, within the time indicated on the order confirmation page. In the event of a delay in shipment, an e-mail will be sent to you to inform you of any consequences for the delivery time indicated. In accordance with legal provisions, in the event of late delivery, you may cancel the order following the terms and conditions set out in Article L 138-2 of the French Consumer Code. If you receive the product in the meantime, we will refund you and the delivery costs following Article L 138-3 of the French Consumer Code. During deliveries, JOKA cannot be held responsible for late deliveries due exclusively to the customer's unavailability after several proposed appointments. JOKA cannot be held responsible for returned parcels due to failure to collect the parcel after it has been made available. The responsibility lies with the customer and no delivery charges will be refunded. If no one is available to collect the parcel, the delivery person will leave you a note informing you how to arrange a new delivery or the nearest relay point/collection point from which you can collect your parcel. If the parcel is delivered to a collection point in the event of absence, you will have between 8 and 10 working days (depending on the delivery service selected) to collect it, failing which the carrier will return the parcel to us. During the delivery process, your pair of Cacatoès sandals may be exposed to the cold. This may have an impact on the color of the sandals and cause slight white spots to appear. But don't worry! Just put them in the sun or under your hairdryer and they will regain their original color.
ARTICLE 7 - PAYMENT METHODS
Payment for purchases may be made by bank card (Visa, MasterCard, Eurocard MasterCard), Apple Pay or PayPal. To reinforce the protection of our customers when they make online card payments, you may be required to pass an authentication stage at the time of payment as part of the 3D Secure security measures. This additional step varies depending on your bank issuer and will require you to enter a password or obtain a security code by e-mail or telephone. Payment is validated on receipt of any additional information requested requiring further verification. At no time may the sums paid be considered as deposits or advance payments. JOKA retains ownership of the item until full payment has been received from the customer. The customer's bank details are neither seen nor stored by the company.
ARTICLE 8 - RETRACTATION
Following the provisions of article L.121-21 of the French Consumer Code, the customer has a cooling-off period of 14 days from receipt of the product to exercise their right of withdrawal without having to justify their decision or pay any penalty. To exercise their right of withdrawal, customers must, before the deadline expires, either send an e-mail specifying the following details: name, address, telephone number, order number, reference, type of item, price and quantities or use the withdrawal form provided. If the 14-day period expires on a Saturday, Sunday or public holiday, it will be extended until the next working day. Returns must be made within this period and in their original, complete condition (packaging, accessories, instructions). In this case, you are liable. Any damage suffered by the product or his packaging on this occasion may be such as to defeat the right of withdrawal. The Customer must enclose the duly completed returns form (located at the bottom of the invoice) or a blank piece of paper indicating the order number. The cost of returning the goods shall be borne by the Customer. In the event of exercising the right of withdrawal, JOKA will refund the sums paid within 14 days of notification of your request using the same means of payment as that used for the order. A refund will not be made if the item concerned has suffered depreciation because of handling other than that required to return the product.
ARTICLE 9 - REFUND CONDITIONS AND DEADLINES
Independently of the withdrawal period mentioned above, the customer has a period of 14 clear days from the date of receipt of the goods to return the item(s) that do not suit him/her, subject to compliance with the conditions set out below. Please note that if your order is delivered to a relay point, the return period is counted from the date your order is delivered by our partner, and not from the date you collect your order. All returned products (shoes, pouches, key rings, original packaging, accessories, instructions, etc.) must be new, unused and in their original, undamaged boxes with no writing on them. On receipt of the parcel, the company will assess the condition of the returned goods. No returns will be accepted and therefore no refund or credit note will be issued if the products returned have been visibly used or damaged by the customer, or if this use or damage renders the product unfit for sale. Returned items are your responsibility until they reach us, so please ensure you have proof of posting in case you need to contact us about your return. In the event of a damaged parcel (already opened, product missing), the customer undertakes to notify the carrier and the company by any means, of any reservations within 3 days of receipt of the parcel. Any claim made after 3 days following receipt of the products will be considered inadmissible. The company cannot be held responsible. In the event of a return that complies with the above conditions, JOKA will reimburse the customer or issue a credit note for the products returned within 7 days of the goods being returned. This refund will be made to the customer's bank account, Apple Pay or PayPal. In the case of the return of a product sold as part of a promotional offer and if the conditions of this offer are no longer met, the company will refund the amount of the reduced product. JOKA will not refund the cost of postage or taxes associated with product returns, but only the full amount of the returned order. If we become aware of an unusual pattern of returns, for example, if we suspect that a customer is wearing items ordered and then returning them for a refund, or that he/she is excessively ordering and returning items, or if we become aware that he/she is returning items that are not what he/she ordered, we may be forced to deactivate his/her account and all associated accounts. If this happens to you and you think we have made a mistake, please contact Customer Services and we will be happy to discuss this with you.
ARTICLE 10 - LEGAL GUARANTEES
All our products are covered by the legal guarantee of conformity and the guarantee against hidden defects, as set out in articles 1641 et seq. of the French Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged, or refunded. All claims, requests for exchange or reimbursement must be made by e-mail or post within 30 days of delivery. Any guarantee is excluded in the event of damage of external origin or resulting from misuse, non-compliant use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the product. Please check the contents of your parcel on receipt. If the item received is faulty, please contact our customer service department with a brief description of the fault. The Cacatoès shoe warranty covers defects in materials and workmanship for 30 days from the date of receipt of the product. If a problem arises during this period, please do not hesitate to inform our customer service department. We will evaluate your request and determine whether the product will be replaced, returned or whether you will be refunded the purchase price of the product (including shipping costs). Also, please do not return the defective item(s) until you receive further instructions.
ARTICLE 11 - LIABALITY
JOKA has only a best endeavors obligation about the ordering process and the steps involved in accessing the site. The products offered comply with current French legislation. JOKA cannot be held responsible in the event of non-compliance with the legislation of the country where the product is delivered. It is the responsibility of the customer to check with the local authorities about the possibility of importing or using the products or services ordered. Furthermore, JOKA cannot be held responsible for any damage resulting from improper use of the product purchased. The company cannot be held responsible for any inconvenience or damage inherent in the use of the internet, in particular a break in service, external intrusion or the presence of computer viruses, or for any event qualified as a major force, following case law, in particular in the event of strikes or bad weather preventing the delivery of the order.
ARTICLE 12 - INTELLECTUAL PROPERTY
All elements of the website https://www.mycacatoes.com, https://www.mycacatoes.fr and the JOKA social networks are and remain the exclusive intellectual and industrial property of JOKA. No one is authorized to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, any elements of the site, whether software, visual (text, comments, images, photos, drawings) or audio. Any simple link or hypertext link is strictly forbidden without the express written consent of JOKA.
ARTICLE 13 - PERSONAL DATA
JOKA reserves the right to collect nominative information and personal data concerning the customer. This data is necessary to manage the customer's order and to improve the services and information that we send you. It may also be transmitted to companies that contribute to this relationship, such as those responsible for executing services and orders for their management, execution, processing and payment. This information and data are also kept for security purposes, to comply with legal and regulatory obligations. Following the law of 6 January 1978, customers have the right to access, rectify and object to nominative information and personal data concerning them, directly on the website.
ARTICLE 14 - TRANSACTION SECURITY
The company has secured the https://www.mycacatoes.com/ and http://www.mycacatoes.fr/ websites using a paying certificate offering a money-back guarantee if the customer is wronged and loses money on an authenticated but fraudulent site. This constitutes additional security for the customer.
ARTICLE 15 - COMPLETENESS
If one of the clauses of this contract is rendered null and void by a change in legislation or regulations or by a court ruling, this shall in no way affect the validity of or compliance with these general terms and conditions of sale.
ARTICLE 16 - DURATION
These terms and conditions apply for the duration of the online services offered by JOKA.
ARTICLE 17 - ARCHIVING EVIDENCE
JOKA will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy under the provisions of Article 1348 of the Civil Code. JOKA’s computerized records will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
ARTICLE 18 - APPLICABLE LAW IN CASE OF DISPUTE
The language of this contract is French. These terms of sale and all of our policies and procedures are subject to French law. In case of dispute, the court of Marseille will be the only competent. In case of a dispute, the company and the customer will try to resolve it amicably.
ARTICLE 19 - CLAIM
For any complaint from the customer, he must send an email to the following email address help@mycacatoes.com, taking care to include all the necessary details, including the date and order number as well as his full name and contact details (address, telephone number, etc.). For any information or questions, the Customer Service of the company JOKA can be reached by phone from Monday to Friday from 8:30 am to 5:00 pm at +33 484520859 and the following email address help@mycacatoes.com
ARTICLE 20- MEDIATION (Individuals)
In accordance with the provisions of the consumer code regarding amicable dispute resolution, the website customer has the right to free recourse (except for any lawyer and expertise fees) to a consumer mediator for the amicable resolution of a dispute with Cacatoès.
In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.
If no amicable agreement is reached, the consumer may freely refer the matter to the consumer mediator relevant to the professional, namely the Association of European Mediators (AME CONSO), within one year from the written complaint to the professional.
The consumer mediation referral must be made either :
- by completing the form provided on the AME CONSO website: www.mediationconso-ame.com;
- by mail to AME CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.
ARTICLE 21 - ECO-PARTICIPATION
JOKA Company adheres to the eco-organizations ReFashion (IDU: FR370225_11SRBP) and LEKO (IDU: FR389221_01EVEQ) to fulfill its producer obligations under the AGEC law: it contributes to waste reduction and circular economy in the textile & footwear sector, in accordance with Law No. 2020-105 of February 10, 2020, as well as to waste prevention and management under Article L541-10 of the Environmental Code.
The Unique Identification Number (IDU) is evidence for the producer that it is properly registered with the eco-organization register and up to date with its eco-contributions, as required by law (Environmental Code Articles L541-10 to L541-10-17). The IDU is used to facilitate monitoring and control of compliance with the Extended Producer Responsibility (EPR) obligations incumbent on producers.