Our terms and conditions

1. Purpose of the general conditions

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

For orders delivered in France or Belgium, the following articles of these GCS apply.

For orders delivered 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 general terms and conditions of sale apply: https: //www.global-e.com/tos-fr

2. Contract documents

The Contract which governs the contractual relationship between the Parties (hereinafter the “Contract”), consists of the following contractual documents:
– The Order
– These General Terms and Conditions of Sale (GTCS)

3. Contract formation

The Products selected by the Customer are those specified in the Order placed on the Vendor’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 Site constitute distance contracts, as defined by article L. 221-1 of the French Consumer Code.
The Customer acknowledges having read and understood the contents of this Contract, which includes the mandatory pre-contractual information specified in article L221-5 of the French Consumer Code, before committing to it.

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

The Order process is as follows:
1°From the product page, select the desired size and quantities.
2°Click on the “Add to basket” button.
3°Click on “Confirm order” in the order summary.
4°Click on the basket in the top right-hand corner, with the option of modifying the selection.
5°Complete delivery and billing information (surname, first name, email address, cell phone number, postal address). The amount of any delivery charges depends on the address information provided by the Customer.
6°Selecting the following payment methods: credit card, Paypal, American Express, Sofort, Bancontact, iDeal and Multibanco.
7°Paying in accordance with the conditions indicated on the Site.
8°Click on “Order”.

Until the payment stage, the Customer can modify the Order, in particular any errors made when entering his/her data, by returning to the previous screens.
Final acceptance of the Order is therefore made by paying the Order.

A confirmation of the Order placed is presented on the Site after confirmation of payment. The Order confirmation includes a summary of the contents of the Order.
At the same time, the Order confirmation is sent to the Customer by e-mail, to the address provided.

The Seller reserves the right to block an Order, in particular in the event of suspected or proven fraud (compromise of identifiers, etc.).

4. Conditions applicable to Products

4.1 Product availability

When placing an Order, the Vendor undertakes to make every effort to provide the Customer with information concerning the availability of the various Products. In the event of unavailability revealed after the Order has been placed, the Customer will be informed as soon as possible by e-mail and will be reimbursed in full for the costs incurred in placing the Order.

4.2 Place of delivery – delivery costs

Products are delivered to the shipping address indicated by the Customer or to a relay point. The shipping address may be different from the billing address. The geographical areas of delivery and possible relay points are those indicated on the Site at the date of the Order.

4.3 Delivery times

The Products sold to the Customer are delivered within the time indicated on the Order.
The Vendor undertakes to respect the agreed delivery times, it being specified that the maximum delivery time for Products from the time the Order is validated is 30 working days. In the event of a significant delay in delivery known to the Vendor, the Customer will be informed by e-mail.

4.4 Product checks on receipt – After-sales service

The Customer undertakes to check the Product(s) upon receipt and to mention any reservations upon delivery, in particular in the event of damage to the package or non-conformity with the Order. The Customer shall notify the Vendor of any reservations regarding the Product(s) delivered within a maximum of five (5) working days from the date of receipt of the Products to the customer service department at the following address: service@paraboot.com

The Vendor undertakes to reimburse the Customer, apply a discount or issue a credit note for a period of one year, if, after verification, the claim made in the prescribed form and time proves to be well-founded.

4.5 Questions

For any information on the status of the Order, or for any questions, the customer service department is available to the Customer either by telephone on +33 4 85 40 00 38 (price of a local call from a landline), this department is open from Monday to Friday from 8.30am to 12.30pm and from 1.30pm to 5pm (closed on Saturdays, Sundays and public holidays), or by e-mail: service@paraboot.com

4.6 Warranty of the Product(s) sold applicable to French customers or residents of France

French legal warranties

All customers benefit from the guarantee against hidden defects in accordance with articles 1641 to 1648 and 2232 of the French Civil Code.

The Vendor is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

The seller is not liable for apparent defects of which the buyer has been able to convince himself.

In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.

If the Vendor was unaware of the defects, he will only be obliged to refund the price and reimburse the purchaser for the costs incurred by the sale.

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

The consumer customer has a period of two years from the date of delivery of the goods to obtain the implementation of the legal warranty of conformity in the event of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the 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 service, and not the date of its appearance.

The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.

The legal warranty of conformity gives the consumer the right to repair or replace the good within thirty days of his request, free of charge and without any major inconvenience for him.

If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer may obtain a reduction in the purchase price by retaining the good or terminate the contract by obtaining a full refund against return of the good, if :

1° The professional refuses to repair or replace the good;

2° The goods are repaired or replaced within thirty days ;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replacement good;

4° The non-conformity of the property persists despite the seller’s unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in the price of the goods, or to rescission of the contract, if the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.

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

Any period of immobilization of the product for repair or replacement suspends the remaining warranty period until delivery of the repaired product.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects, in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.

Legal warranties do not cover :

-unsuitability of the Product for the Customer’s needs

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

-product modification

-improper maintenance or storage of the product

-normal wear and tear

Extended warranty (commercial warranty)

A commercial warranty extension of an additional twelve (12) months from the expiry of the legal warranty applies under the following conditions:

This extended warranty covers only manufacturing defects in the Product.

The warranty extension is free and applicable :

-automatically to Customers who have purchased a Product on the Site

-customers who have made their purchase at another point of sale, provided they request it and have an account on the Site: www.paraboot.com

The warranty extension request is made via a form available on the Site. The customer must provide the necessary information, including proof of purchase and product references.

A registration confirmation will be sent to the Customer once the request has been validated by the Seller.

This warranty extension clause does not modify the rights granted by the legal warranty. The extension is an additional benefit offered by the Seller for a limited time under the conditions set out above.

5. Conditions applicable to the right of withdrawal

5.1 Existence of the right of withdrawal

The customer has 14 calendar days in which to withdraw from the contract, without having to justify his decision or pay any penalties.

For the sale of Products, the period runs from the day after receipt of the Product and is extended to the 1st working day if the period expires on a Saturday or Sunday.

The right of withdrawal applies exclusively to unaltered products in new condition. Therefore, any use of the product which alters its new condition prohibits the exercise of the right of withdrawal.

5.2 Exercising the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract without giving any reason within 14 days.

The withdrawal period expires 14 days after the day of delivery of the order.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post or e-mail). You can use the model withdrawal form, but this is not obligatory.

In order for the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

The right of withdrawal applies exclusively to unaltered products in new condition. Therefore, any use of the product which alters its new condition prohibits the exercise of the right of withdrawal.

Exercising the right of withdrawal

The customer may use the withdrawal form below, but this is not obligatory. He can also retract from his customer space under the heading “My purchases and returns”, or at the following address: CAPUCE SA 65 rue des Tuiliers 38430 Saint Jean de Moirans France – by e-mail: service@paraboot.com – or from the Site formby clicking here

For the withdrawal period to be respected, it is sufficient for the Customer to notify his intention to withdraw in writing before the expiry of the period

Model withdrawal form for use by the Customer (not obligatory)
For the attention of the Seller :

I hereby notify you of my request to withdraw from Order No. ______ received on ___________

Product reference to return ________

Customer name _______________

Customer address ______________

Email _________________

Date ________________

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

Return policy

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

Customer service will give him a return label to stick on the parcel, which he will have to drop off at a relay point.

Effects of withdrawal

In the event of your withdrawal from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less 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 make the refund using the same method of payment you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.

The customer may also choose to receive a credit note rather than a refund.

6. Financial terms and conditions

6.1 Product prices

The prices of the Products in force are those indicated on the Site at the time of the Order.
Depending on the language chosen by the Customer, prices are displayed in euros / pounds sterling / US dollars / Japanese yen on the product pages. However, at the time of payment, the price in euros is indicated.

Except in special cases, prices include VAT. Prices before and including VAT are indicated at the time of the Order. Any change in taxes and charges will in principle be passed on to the Customer.

Delivery charges may apply depending on the delivery zone. These costs are indicated to the Customer when the Order is placed.

The Vendor also reserves the right to offer preferential rates. The conditions and duration of these advantages will be presented on the Site or communicated to the Customer.

6.2 Possible customs duties and taxes for Products

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

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

6.3 Payment

The price of the Products is payable in full when the Order is placed. Payment can be made by credit card, American Express, Sofort, Bancontact, iDeal and Multibanco. Depending on the country concerned, other means of payment may be available on the Site.

The Customer will not be debited until the Order has been validated.

6.4 Electronic invoices

The Customer is hereby informed and agrees to receive by e-mail the invoice corresponding to his Order.

6.5 Late payment

In the event of late payment, late payment penalties calculated on the basis of the legal interest rate will be applied after a formal notice has been sent and has remained unsuccessful for a period of 15 days from receipt.

7. Conditions of use and maintenance of Products

The Customer undertakes to read and respect the conditions of use of the Products, available on the Site. A leaflet containing maintenance advice is given to the Customer on delivery of the Product(s).

The Vendor cannot be held responsible for the misuse, poor maintenance and/or intensive use of the Products by the Customer.

The Customer agrees not to resell the Product(s) ordered and to use them for strictly personal purposes.

8. Intellectual property

The Vendor holds the intellectual property rights to the Product(s) sold to the Customer, in particular the Paraboot and Galibier brand names.

The Customer acknowledges that the present contract does not confer any intellectual property rights on the Products. The sale of the Products under the conditions set forth herein shall not be construed as the transfer of any intellectual property rights whatsoever, within the meaning of the French Intellectual Property Code.

The Customer undertakes not to infringe the Seller’s intellectual property rights in any way whatsoever, and not to carry out any acts that may result in the counterfeiting of all or part of any element or component of the Products.
The Customer is hereby informed that failure to comply with the present provisions may result in legal action (unfair competition, counterfeiting, etc.).

9. Force Majeure

The Vendor shall not be held liable for any delay or failure in the performance of any of its obligations under this Contract or any Order made pursuant to this Contract, if such delay or failure is due to the occurrence of an event of force majeure as usually recognized by the jurisprudence of the French courts and tribunals.

Notwithstanding the cases of force majeure usually recognized by the jurisprudence of French courts and tribunals, by express agreement between the Parties, the following are considered to be cases of force majeure : acts of terrorism, war, total or partial strikes and lock-outs by third-party companies affecting the service, bad weather, epidemics, blockage of roads, means of transport or supplies for any reason whatsoever, pandemics, earthquakes, fire, storms, floods, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, blockage of telecommunications (France Télécom networks or technical center).
The Customer wishing to invoke a case of force majeure must notify the Vendor by registered letter with acknowledgement of receipt as soon as possible after becoming aware of such an event. As soon as the effects of the force majeure event invoked have disappeared, the Vendor will inform the Customer without delay by any means and will immediately resume performance of its obligation.

In the event that the effects of the event constituting force majeure persist for more than one (1) month, the Parties agree that the present Contract may be terminated ipso jure at the initiative of the most diligent Party by registered letter with acknowledgement of receipt.

10. Subcontracting/transfer

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

In any event, the Vendor shall remain liable to the Customer for the proper performance of the Contract and services by any subcontractor it uses.
The Vendor is also authorized to assign the Contract to any assignee of its choice. In the event of assignment of the present Contract by the Vendor, the Customer accepts that the Vendor shall not be jointly and severally liable for the proper performance of the Contract by the assignee.
Any assignment, subrogation, substitution or other form of transmission of the present Contract by the Customer is prohibited without the prior written consent of the Vendor.

11. Liability

In accordance with current legal provisions, the Vendor is automatically liable to the Customer for the proper performance of the obligations arising from the distance contract. However, the Vendor may be exonerated 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 the unforeseeable and insurmountable act of a third party to the Contract, or to a case of force majeure.
The Customer is solely responsible for the choices he makes. Accordingly, the Parties agree that the Service Provider shall not be held liable for the unsuitability of a Product for the Customer’s needs.

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

The Vendor is not liable for any damage caused by the communication network or the Customer’s Internet access.

Finally, the Vendor may only be held liable for direct damage attributable to the Vendor in respect of the performance or non-performance, even partial, of its obligations under the Contract, it being specified that indirect damage is excluded.
Thus, the Service Provider cannot be held liable for any indirect loss, loss of opportunity, loss of data, loss of image or any other special damage or event beyond its control or for which it is not responsible.

12. Termination for default

In the event of a breach by one Party of any of its obligations under this Agreement, the other Party shall be entitled, 30 days after formal notice sent by registered letter with acknowledgement of receipt has remained without effect, to terminate this Agreement ipso jure without prejudice to any damages and interest to which it may be entitled as a result of the alleged breaches.

13. Proof agreement

The Customer acknowledges the validity and probative force of electronic exchanges and recordings made by the Vendor and accepts that said recordings have the same probative force as a handwritten document signed by hand. All data and computer or digital files recorded on the Site, and more generally on the Vendor’s IT infrastructure, will be considered as proof of the facts to which they relate.

14. Personal data

As part of the Contract, the Vendor may be required to process the Customer’s personal data. The rules governing the protection of personal data are set out in the privacy policy available here.

15. Miscellaneous provisions

Each of the clauses of this Agreement shall be interpreted, as far as 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, invalid or unenforceable by any competent court or administrative authority pursuant to an enforceable decision, such provision shall be deemed unwritten, without affecting the validity of the remaining provisions, and shall be replaced by a valid provision of equivalent effect, which the Parties agree to negotiate in good faith, and as the Parties would have agreed had they known of the illegality, invalidity or unenforceability of such provision.

The fact that a Party does not avail itself of any provision of this Agreement shall in no way constitute a waiver of its right to demand compliance with each of its clauses and conditions.

16. Applicable law – Jurisdiction

The French version of these terms and conditions shall prevail over any foreign version.

The Contract is governed by French law.

In accordance with articles L 611-1 et seq. of the French Consumer Code, the consumer customer has the right to have recourse, free of charge (except for any legal and expert fees), to a consumer mediator for the amicable resolution of a dispute with the Vendor.

The Seller adheres to the service of the e-commerce mediator of the FEVAD (Fédération du e-commerce et de la vente à distance) whose coordinates are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr.

After the Consumer has approached the Vendor’s Customer Service department in writing to no avail, the mediator’s service may be contacted for any consumer dispute which has not been settled.

In the event of a dispute with a Customer which has not been settled amicably, jurisdiction is expressly assigned to the court of the defendant’s place of residence, in accordance with article 42 of the Code of Civil Procedure, or, at the latter’s choice, to 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.