Our Terms and Conditions

1. Purpose of the Terms and Conditions

The purpose of these General Terms and Conditions (hereinafter “GTC”) is to set forth the general terms and conditions under which CAPUCE SA (hereinafter the “Seller”), a retailer of footwear, sells one or more products to a consumer customer (hereinafter the “Customer”), as described in the Order (hereinafter the “Product(s)”). 

For orders delivered to France or Belgium, the following provisions of these Terms and Conditions apply. 

For orders shipped to another country, the Customer is redirected to the payment interface of our partner Global-e, which acts as the official seller (“Merchant of Record”). The sales contract is then concluded between the Customer and Global-e, and Global-e’s terms and conditions of sale apply: https://www.global-e.com/tos-fr

2. Documents comprising the Agreement

The Agreement governing the contractual relationship between the Parties (hereinafter the “Agreement”) consists of the following contractual documents: 

–    The Order  
–    These General Terms and Conditions of Sale (GTC)  

3. Formation of the Contract

The Products selected by the Customer are those listed in the Order placed on the Seller’s website at the following address (hereinafter the “Site”): https://www.paraboot.com 

It is hereby specified that Orders placed online by the Customer via the Website constitute distance contracts, as defined in Article L. 221-1 of the French Consumer Code. 

 
The Customer acknowledges that, prior to entering into this Agreement, they have read and understood its contents, which include the mandatory pre-contractual information required under Article L221-5 of the French Consumer Code. 

The Customer agrees to receive a copy of this Agreement electronically. 
 

The steps in the ordering process are as follows: 

1. From the product page, select the desired size and quantity. 
2. By clicking the “Add to Cart” button. 
3. By clicking “Confirm Order” in the order summary. 
4. By clicking on the shopping cart in the top right corner, where you can modify your selection. 
5. By entering shipping and billing information (last name, first name, email, mobile phone number, mailing address). The address information provided by the Customer determines the applicable shipping costs. 
6. By selecting a payment method: credit card, PayPal, American Express, Sofort, Bancontact, iDeal, or Multibanco. 
7. By completing the payment in accordance with the terms specified on the Site. 
8. By clicking on “Order.” 

Until the payment stage, the Customer may modify the Order—including correcting any errors made when entering their information—by returning to the previous screens.  
The Order is therefore definitively accepted upon payment. 

A confirmation of the Order placed is displayed on the Website after payment is confirmed. The Order confirmation includes a summary of the Order’s contents.  
The Order confirmation is also sent to the Customer via email to the address provided.  

The Seller reserves the right to block an Order, particularly in cases of suspected or confirmed fraud (compromised login credentials, etc.). 

4. Terms and Conditions Applicable to Products 

4.1 Product Availability

When the Order is placed, the Seller agrees to make every effort to provide the Customer with information regarding the availability of the various Products. If a Product becomes unavailable after the Order has been placed, the Customer will be notified as soon as possible by email and will be fully reimbursed for any costs incurred in connection with the Order.

4.2 Delivery Location – Shipping Costs

Products are delivered to the shipping address provided by the Customer or to a pickup location. The shipping address may differ from the billing address. The available delivery areas and pickup locations are those listed on the Website as of the date of the Order.

4.3 Delivery Times

The Products sold to the Customer are delivered within the timeframes specified at the time of the Order.  
The Seller undertakes to comply with the agreed delivery times, provided that the maximum delivery time for the Products from the date the Order is confirmed is 30 business days. In the event of a significant delay in delivery of which the Seller is aware, the Customer will be notified by email. 

4.4 Product Inspections upon Receipt – After-Sales Service

The Customer agrees to inspect the Product(s) upon receipt and to note any reservations at the time of delivery, particularly in the event of damage to the package or non-compliance with the Order. The Customer must notify the Seller of any reservations regarding the delivered Product(s) within a maximum of five (5) business days following the date of receipt of the Products by contacting customer service at the following address:service@paraboot.com 

 
The Seller agrees to refund the Customer, offer a discount, or issue a credit note valid for one year if, upon verification, the complaint—submitted in the prescribed manner and within the specified time frame—is found to be valid.   

4.5 Questions 

For any information regarding the status of an Order or for any questions, customer service is available to the Customer by phone at +33 4 85 40 00 38 (local call rates apply from a landline), this service is available Monday through Friday from 8:30 AM to 12:30 PM and from 1:30 PM to 5:00 PM (closed on Saturdays, Sundays, and holidays), or by email:service@paraboot.com 

4.6 Warranty for the Product(s) sold, applicable to Customers who are French nationals or residents of France

French Statutory Warranties 

All Customers are covered by the warranty against hidden defects in accordance with Articles 1641 through 1648 and 2232 of the Civil Code.

The Seller is liable under the warranty for latent defects in the item sold that render it unfit for its intended use, or that so impair its use that the Buyer would not have purchased it, or would have paid a lower price for it, had the Buyer been aware of such defects.

The seller is not liable for defects that are apparent and of which the buyer has been able to verify for themselves.

In the case of Articles 1641 and 1643, the buyer may choose either to return the item and receive a refund of the purchase price, or to keep the item and receive a partial refund of the purchase price.

If the Seller was unaware of the defects in the item, the Seller shall be liable only for refunding the purchase price and reimbursing the buyer for any expenses incurred in connection with the sale.

A claim arising from latent defects must be brought by the purchaser within two years of the discovery of the defect.

The consumer has two years from the date of delivery of the goods to invoke the statutory warranty of conformity in the event that a lack of conformity arises. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date on which it first appeared.

Where the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to such digital content or digital service throughout the entire period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date on which it first appeared.

The statutory warranty of conformity requires the seller, where applicable, to provide all updates necessary to ensure that the item remains in conformity.

The legal warranty of conformity entitles the consumer to have the item repaired or replaced within thirty days of making the request, at no cost and without significant inconvenience to the consumer.

If the product is repaired under the legal warranty of conformity, the consumer is entitled to a six-month extension of the original warranty.

If the consumer requests that the item be repaired, but the seller insists on replacing it, the statutory warranty of conformity is extended for a period of two years from the date the item is replaced.

The consumer may obtain a reduction in the purchase price while retaining the item, or terminate the contract and receive a full refund upon returning the item, if:

(1) The merchant refuses to repair or replace the item;

(2) The repair or replacement of the item takes place after a period of thirty days;

(3) Repairing or replacing the product causes significant inconvenience to the consumer, particularly when the consumer is permanently responsible for the costs of returning or picking up the nonconforming product, or if the consumer is responsible for the costs of installing the repaired or replacement product;

(4) The property remains non-conforming despite the seller’s unsuccessful attempt to bring it into compliance.

The consumer is also entitled to a price reduction or to rescind the contract when the lack of conformity is so serious that it justifies an immediate price reduction or rescission of the contract. In such cases, the consumer is not required to first request repair or replacement of the goods.

The consumer is not entitled to cancel the sale if the lack of conformity is minor.

Any period during which the item is out of service for repair or replacement shall suspend the remaining warranty period until the repaired item is delivered.

The rights mentioned above are based on Articles L. 217-1 through L. 217-32 of the Consumer Code.

A seller who, in bad faith, obstructs the enforcement of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of the seller’s average annual revenue (Article L. 241-5 of the Consumer Code).

The consumer is also covered by the statutory warranty against hidden defects under Articles 1641 through 1649 of the Civil Code, for a period of two years from the date the defect is discovered. This warranty entitles the consumer to a price reduction if the item is retained, or to a full refund upon return of the item.

The legal warranties do not cover:

-the Product is unsuitable for the Customer’s needs

-improper use or installation, or use or installation not in accordance with the intended purpose

-a modification to the Product

-improper maintenance or storage of the Product

-normal wear and tear of the Product

5. Conditions applicable to the right of withdrawal 

5.1 Right of Withdrawal

The Customer has a 14-day cancellation period, without having to provide a reason or pay any penalties.

The cancellation period for the sale of the Product begins on the day after the Product is received and is extended to the first business day if the period expires on a Saturday or Sunday.

The right of withdrawal applies exclusively to products that are unaltered and in new condition. Therefore, any use of the product that alters its new condition will preclude the exercise of the right of withdrawal. 

5.2 Exercising the Right of Withdrawal

Existence of the right of withdrawal 

You have the right to cancel this contract without giving any reason within the statutory 14-day period. 

The cancellation period expires 14 days after the order is delivered. 

To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by mail or an email). You may use the model withdrawal form, but this is not required. 

To ensure that the withdrawal period is met, you simply need to submit your notice of withdrawal before the withdrawal period expires. 

The right of withdrawal applies exclusively to products that are unaltered and in new condition. Therefore, any use of the product that alters its new condition will preclude the exercise of the right of withdrawal. 

Exercising the right of withdrawal 

The Customer may use the withdrawal form below, but this is not required. The Customer may also withdraw from the purchase via the “My Purchases and Returns” section of their customer account, or by contacting us at the following address: CAPUCE SA 65 rue des Tuiliers 38430 Saint Jean de Moirans France – by email: service@paraboot.com – or via the form on the Websiteby clicking here

To ensure that the withdrawal period is observed, the Customer need only notify us in writing of their intention to withdraw before the period expires.

Sample withdrawal form that the Customer may use (not required)

To the attention of the Seller, CAPUCE SA, 65 rue des Tuiliers, 38430 Saint Jean de Moirans, France – service@paraboot.com:

I am writing to notify you of my request to cancel Order No. ______, received on ___________

Product ID of the item to be returned ________

Client Name _______________

Customer Address ______________

Email _________________

Date ________________

Signature (only if this form is submitted in paper form) ______________

Return Policy 

The Customer must return the Product(s) without undue delay and, in any event, no later than 31 days after sending the electronic notice of withdrawal to the Seller at the following address: CAPUCE SA 65 rue des Tuiliers 38430 Saint Jean de Moirans France, in their original packaging, accompanied by all items with which they were delivered to the Customer, as well as the following documents. The Customer must mark the package with the following: “ORDER RETURN” 

 

Customer service will provide him with a return label to affix to the package, which he will need to drop off at a pickup location. 

Shrinkage effects 

If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for any additional costs resulting from your choice, if applicable, a delivery method other than the least expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.

We will issue the refund using the same payment method you used for the original transaction, unless you expressly agree to a different method; in any case, this refund will not incur any charges for you. 

  

The Customer also has the option of receiving a store credit instead of a refund. 

6. Financial Terms

6.1 Product Prices 

The current prices of the Products are those listed on the Website at the time of the Order.  
Depending on the language selected by the Customer, prices are displayed in euros / British pounds / U.S. dollars / Japanese yen on the product pages. However, at the time of payment, the price is shown in euros. 

Unless otherwise specified, prices include VAT. Prices excluding and including VAT are shown at the time of Order. Any changes to taxes and fees will generally be passed on to the Customer.  
 

Shipping fees may apply depending on the desired delivery area. These fees are disclosed to the Customer at the time of Order placement. 

The Seller also reserves the right to offer special rates. The terms and duration of these benefits will be posted on the Website or communicated to the Customer.  
 

6.2 Potential customs duties and taxes on the Products

When the Customer orders Products for delivery to overseas territories or outside the European Union, the Customer is considered the importer of the Products. As such, the Customer must comply with all laws and regulations of the country in which the Products are received. The Customer may be subject to import duties and taxes, which are collected when the package arrives at its destination.  

Unless otherwise specified at the time of the Order, the Seller is responsible for any customs duties and taxes applicable to the Products. 

6.3 Payment of the Price

Payment for the Products is due in full at the time of Order. Payments may be made by credit card, American Express, Sofort, Bancontact, iDeal, and Multibanco. Depending on the country, other payment methods may be available on the Site. 

The Customer will not be charged until their Order is confirmed. 

6.4 Electronic Invoices

The Customer is hereby informed and agrees to receive the invoice for their Order via email.   

6.5 Late Payment

In the event of late payment, late payment penalties calculated based on the statutory interest rate will be applied after a formal notice has been sent and remains unanswered for a period of 15 days from the date of receipt. 

7. Product Repair Services

The Seller offers a repair service on the Website for Products sold on the Website or by an authorized reseller, whether those Products are under warranty or out of warranty.

The Customer must submit a repair request using one of the specific forms available on the Seller’s website.

The Customer selects the appropriate form based on the Product’s coverage:

For Products covered by the statutory warranty, the Customer must complete the claim form. Repair is provided free of charge if the reported defect relates exclusively to one or more manufacturing defects in the Product acknowledged by the Seller. The form must include a description of the defect observed, clear photographs of the Product, and the Customer’s address.

For products no longer under warranty, the Customer must complete the repair request form. In this case, the repair is subject to a fee. Once the form is completed, the Customer will be informed of the repair cost, which must be paid to finalize the request. This form also includes a description of the desired repair, photographs of the Product, as well as the Customer’s address and personal information required to process the request.

Upon receipt of the request, the Seller’s customer service department reviews the request to verify its compliance.

-If the request is valid, the Seller will provide the Customer with a DHL shipping label to be affixed to the package, which the Customer must then drop off at a pickup location. The Seller undertakes to process repairs as soon as possible after receiving the Product and confirming the reported defect.

-If the request does not meet the requirements, the repair will be rejected, and no shipping label will be sent. In the case of a repair requiring payment, the amount paid by the Customer at the time of the request will be refunded using the same payment method used for the original payment, unless the Customer expressly requests a different payment method.

• Terms of Use and Care Instructions for the Products

The Customer agrees to review and comply with the terms of use for the Products, which are available on the Website. A leaflet containing care instructions is provided to the Customer upon delivery of the Product(s).

The Seller shall not be held liable for any misuse, improper maintenance, and/or intensive use of the Products by the Customer. 
The Customer agrees not to resell the ordered Product(s) and undertakes to use them strictly for personal purposes.

• Intellectual Property 

The Seller holds the intellectual property rights to the Product(s) sold to the Customer, including the Paraboot and Galibier trademarks.

The Customer acknowledges that this Agreement does not grant it any intellectual property rights in the Products. The sale of the Products under the terms and conditions set forth herein shall not be construed as a transfer of any intellectual property rights, as defined by the French Intellectual Property Code.

The Customer agrees not to infringe upon the Seller’s intellectual property rights in any way and not to engage in any acts that could result in the infringement of all or part of any element or component of the Products.

The Customer is hereby notified that failure to comply with these provisions may result in legal action (unfair competition, infringement, etc.).

• Force Majeure

The Seller shall not be held liable for any delay or failure to perform any of its obligations under this Agreement or any Order placed pursuant to this Agreement, if such delay or failure is due to the occurrence of a force majeure event as generally recognized by the case law of French courts and tribunals. 

Notwithstanding the cases of force majeure generally recognized by the case law of French courts and tribunals, and subject to an express agreement between the Parties, the following are considered cases of force majeure: acts of terrorism, wars, total or partial strikes and lockouts by third-party companies affecting the service, severe weather, epidemics, blockages of roads, transportation, or supply chains for any reason whatsoever, pandemics, earthquakes, fires, storms, floods, water damage, government or legal restrictions, legal or regulatory changes to marketing practices, and telecommunications outages (France Télécom networks or technical centers).

A Customer wishing to invoke a force majeure event must notify the Seller by registered letter with return receipt as soon as possible after becoming aware of such an event. Once the effects resulting from the invoked force majeure event have ceased, the Seller shall promptly notify the Customer by any means and shall immediately resume performance of its obligation.

If the effects of the event constituting a force majeure event persist for more than one (1) month, the Parties agree that this Agreement may be terminated automatically at the initiative of the Party acting first by registered letter with return receipt requested.

• Outsourcing / Transfer

The Customer grants the Seller general authorization to subcontract all or part of the services to any service provider of its choice.

In any event, the Seller shall remain liable to the Customer for the proper performance of the contract and the services provided by any subcontractor it engages.

The Seller is also authorized to assign this Agreement to any assignee of its choice. In the event that the Seller assigns this Agreement, the Customer agrees that the Seller shall not be jointly and severally liable for the assignee’s proper performance of the Agreement.

Any assignment, subrogation, substitution, or other form of transfer of this Agreement by the Customer is prohibited without the Seller’s prior written consent. 

• Liability 

In accordance with applicable law, the Seller is automatically liable to the Customer for the proper performance of the obligations arising from the distance contract. However, the Seller may be exempted from all or part of its liability by proving that the non-performance or improper performance of the Contract is attributable either to the Customer, or to an unforeseeable and insurmountable act by a third party to the Contract, or to a case of force majeure.

The Customer is solely responsible for the choices it makes. Accordingly, the Parties agree that the Service Provider shall not be held liable for any Product’s unsuitability for the Customer’s needs.

Furthermore, the Seller is liable only for the services expressly assigned to it under this Agreement.

The Seller shall not be liable for any adverse consequences resulting from issues with the communication network or the Customer’s inability to access the Internet.

Finally, the Seller shall only be liable for direct damages attributable to it arising from the performance or non-performance—even partial—of its obligations under the Contract, it being understood that indirect damages are excluded.

Accordingly, the Service Provider shall not be held liable for any indirect damages, loss of opportunity, loss of data, damage to reputation, or any other special damages or events beyond its control or resulting from circumstances not attributable to it.

• Termination for breach

In the event that one Party fails to fulfill any of its obligations under this Agreement, the other Party shall have the right, 30 days after a formal notice sent by registered letter with acknowledgment of receipt has remained without effect, to terminate this Agreement as of right, without prejudice to any damages to which it may be entitled as a result of the alleged breaches.

• Evidence Convention

The Customer acknowledges the validity and probative value of the electronic communications and records created by the Seller and agrees that such records shall have the same probative value as a handwritten signature. All computer or digital data and files stored on the Site, and more broadly on the Seller’s IT infrastructure, shall serve as evidence of the facts to which they relate.

• Personal Information

Under the terms of the Agreement, the Seller may be required to process the Customer’s personal data. The rules governing the protection of personal data are set forth in the privacy policy available on the website.

1. Miscellaneous Provisions

Each provision of this Agreement shall be interpreted, to the fullest extent possible, in such a way as to be valid under the law applicable to it. If any provision of this Agreement is found to be illegal, void, or unenforceable by any competent court or administrative authority pursuant to a final and binding decision, such provision shall be deemed not to have been written, without affecting the validity of the other provisions, and shall be replaced by a valid provision of equivalent effect, which the Parties undertake to negotiate in good faith, and such as the Parties would have agreed upon had they known of the illegality, the illegality, nullity, or unenforceability of said provision.

The failure of a Party to enforce any provision of this Agreement shall in no way be construed as a waiver of its right to enforce each of its terms and conditions.

1. Cold calling

In accordance with Article L. 223-2 of the Consumer Code, the Seller informs the consumer, when collecting their telephone number in connection with the conclusion of this contract, of their right to register free of charge on the BLOCTEL do-not-call list, accessible at the following address: www.bloctel.gouv.fr. This registration allows the consumer to opt out of receiving unsolicited telephone solicitations from any business with which they do not currently have a contractual relationship.

1. Governing Law – Jurisdiction

The French version of these terms and conditions shall prevail over any other version written in a foreign language.

This Agreement is governed by French law. 

In accordance with Articles L 611-1 et seq. of the Consumer Code, the consumer Customer has the right to seek the assistance of a consumer mediator, free of charge (except for any attorney’s fees and expert witness fees), for the purpose of amicably resolving a dispute with the Seller. 

The Seller is a member of the FEVAD (Federation of E-commerce and Distance Selling) e-commerce mediation service, whose contact information is as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. 

If the Consumer’s initial written complaint to the Seller’s Customer Service department is unsuccessful, the matter may be referred to the mediation service for any consumer dispute that has not been resolved. 

In the event of a dispute with a Customer that cannot be resolved amicably, express jurisdiction is conferred upon the court of the defendant’s place of residence, in accordance with Article 42 of the Code of Civil Procedure, or, at the defendant’s option, at the place of actual delivery of the Product sold, or the place of performance of the services, in accordance with Article 46 of the Code of Civil Procedure