Terms of sale
ARTICLE 1 – SCOPE
These General Terms and Conditions of Sale (hereinafter the "GTCS") govern all sales concluded between:
SAS JOKA, a simplified joint-stock company with a share capital of €140,000, whose registered office is located at 1 rue Charles Tellier, 13014 Marseille, registered with the Marseille Trade and Companies Register under number 814 269 940, intra-community VAT number FR50814269940, reachable at the email address help@mycacatoes.com, operating the website www.mycacatoes.fr (hereinafter the "Seller"), and any natural person acting as a consumer, i.e., for purposes that do not fall within the scope of their commercial, industrial, craft, professional, or agricultural activity (hereinafter the "Customer").
These GTCS apply to any order for products placed on the Sites, regardless of the Customer's nationality, provided that delivery is offered in the country selected at the time of the order.
The Customer declares that they have read these GTCS before validating their order and have accepted them without reservation by ticking the box provided for this purpose. This acceptance results in the exclusive application of these GTCS to any order.
These GTCS prevail over any other document or condition, unless expressly agreed in writing by the Seller.
The applicable GTCS are those in force on the date the order is validated. The Seller reserves the right to modify them at any time; these modifications shall not apply to orders already definitively concluded.
ARTICLE 2 – ORDER AND FORMATION OF THE CONTRACT
2.1 Placing the order
The Customer selects the Products they wish to purchase and adds them to their cart.
At any time before the final validation of their order, the Customer may review the details of the order, check its contents, correct any errors, modify quantities, remove a Product, or complete the requested information.
Before finalizing their order, the Customer reads these General Terms and Conditions of Sale and expressly accepts them by ticking the box provided for this purpose.
Validation of the order, followed by confirmation of payment, constitutes full acceptance of these General Terms and Conditions of Sale as well as the prices, characteristics, and quantities of the Products ordered.
In accordance with article 1127-2 of the French Civil Code, the contract is concluded using the "double-click" process, allowing the Customer to check the details of their order and the total price before definitively confirming their commitment.
2.2 Order confirmation
Once the order has been validated, the Seller sends the Customer a summary email confirming that the order has been taken into account.
This confirmation includes, in particular, the Products ordered, their price, any delivery costs, the delivery address, and the main information relating to the order.
The sale is deemed definitively concluded only after this confirmation has been sent and subject to acceptance of payment.
The Seller reserves the right not to confirm an order in the event of a legitimate reason as provided for in article 2.5 of these General Terms and Conditions of Sale.
2.3 Product availability
Products are offered for sale subject to available stock.
In the event of total or partial unavailability of a Product after the order has been validated, the Seller will inform the Customer as soon as possible.
The Customer may then choose:
- a refund for the unavailable Product;
- a replacement Product with equivalent characteristics and quality, subject to their agreement;
- or to maintain their order with an adjusted delivery time when this solution is possible.
The refund of the amounts concerned will take place no later than fourteen (14) days following the Customer's decision.
2.4 Order archiving
Orders placed on the Site are recorded on a reliable and durable medium in accordance with applicable regulations.
The Customer may access information relating to their orders from their customer account when they have one, or by submitting a request to customer service.
2.5 Refusal or cancellation of an order
The Seller reserves the right to refuse or cancel any order before shipment when a legitimate reason justifies it.
Legitimate reasons include, in particular:
- fraud or attempted fraud;
- a payment incident or default;
- inaccurate, incomplete, or manifestly erroneous information provided by the Customer;
- an order for quantities incompatible with a purchase intended for normal consumer use;
- abusive or repeated use of promotional offers, discounts, or the return policy;
- a manifest error affecting the price, description, or essential characteristics of a Product;
- exceptional unavailability of the Product;
- the impossibility of delivering the Product to the country of destination or any legal or regulatory restriction preventing the execution of the order.
In the event of refusal or cancellation of an order after payment has been collected, the Customer will be fully refunded within a maximum period of fourteen (14) days from the cancellation decision.
2.6 Language of the contract
These General Terms and Conditions of Sale are drafted in French.
They may be made available in other languages to facilitate understanding by international Customers. In the event of any discrepancy in interpretation between different language versions, the French version shall prevail, subject to the mandatory provisions applicable in the consumer's country of residence.
ARTICLE 3 – PRICE
3.1 Product prices
Product prices are indicated on the Site in the currency corresponding to the country of delivery or to the selection made by the Customer.
Unless otherwise indicated, prices are expressed inclusive of all taxes (VAT included) where applicable regulations require it.
For orders delivered to countries outside the European Union, prices may be displayed exclusive of tax or in accordance with the tax rules applicable in the country of destination. The treatment of VAT and other taxes is specified before the final validation of the order.
Delivery charges are indicated separately before order confirmation.
3.2 Price changes
The Seller reserves the right to modify Product prices at any time.
However, Products are invoiced on the basis of the rates in force at the time the order is validated by the Customer, subject to availability.
3.3 Promotions and commercial offers
Promotional offers, discounts, promotional codes, and commercial operations are valid for the duration indicated on the Site and while stocks last.
Unless otherwise indicated, promotional offers cannot be combined.
Promotional codes may only be used once per order and may not give rise to any refund, exchange for cash, or credit note, unless expressly provided otherwise.
The Seller reserves the right to cancel any discount obtained as a result of fraudulent or improper use of a promotional code.
3.4 Pricing error
Despite the care taken in updating the Site, a manifest error in price or description may exceptionally occur.
In this case, the Seller will inform the Customer as soon as possible.
The Customer may then:
- confirm their order at the corrected price;
- or request cancellation of their order with a full refund of the sums already paid.
No order may be executed on the basis of a manifestly derisory price resulting from an obvious error.
3.5 Customs duties and import taxes
Customs duties, import taxes, customs clearance fees, or other local taxes may be required depending on the country or territory of destination. These charges remain the sole responsibility of the Customer.
The Customer is solely responsible for import formalities and for the payment of taxes, duties, and fees payable in the country of delivery.
The Seller cannot be held responsible for any delay, refusal of customs clearance, or additional charges imposed by the customs authorities of the country of destination.
3.6 Invoicing
An invoice is issued for each order and may be sent to the Customer in electronic format.
The Customer expressly accepts the delivery of an electronic invoice, without prejudice to their right to request a paper version when applicable regulations so provide.
ARTICLE 4 – PAYMENT
4.1 Means of payment
Orders shall be paid for exclusively by the means of payment offered on the Site at the time of the order. The following are accepted, in particular: credit card (Visa, Mastercard, American Express), PayPal, and any other means of payment expressly indicated on the Site upon validation of the order. Available means of payment may vary depending on the selected country of delivery.
The means of payment is debited at the time the order is validated, subject to checks carried out by financial institutions and payment providers.
4.2 Payment security
Payments made on the Site are processed by specialized payment providers meeting applicable security standards.
Data exchanges related to payment are protected by a secure encryption protocol of the SSL/TLS type or by any technology offering an equivalent level of security.
The Seller never has access to the Customer's full banking data, which is collected and processed directly by authorized payment providers.
4.3 Verification and fraud prevention
In order to ensure the security of transactions and prevent fraud, the Seller or its payment providers may carry out security checks before the final validation of an order.
In this respect, the Customer may be asked to provide any document allowing verification of their identity, address, or the legitimacy of the means of payment used.
In the event of refusal to provide the requested information or when the verifications do not allow the security of the transaction to be guaranteed, the Seller may suspend, refuse, or cancel the order in accordance with these General Terms and Conditions of Sale.
4.4 Payment default
The Seller reserves the right to suspend or cancel any order in the event of refusal of bank authorization, payment incident, total or partial non-payment, or suspicion of fraud.
The Products remain the property of the Seller until full payment of the price.
4.5 Retention of title
Transfer of ownership of the Products to the Customer only takes place after full payment of the price, including delivery costs and any applicable taxes.
The transfer of risk remains governed by the provisions of the article relating to delivery.
4.6 Invoicing
An invoice is issued for each order and may be sent to the Customer in electronic format.
The Customer expressly accepts the transmission of an electronic invoice, without prejudice to their right to request a paper version when applicable regulations so provide.
ARTICLE 5 – DELIVERY
5.1 Delivery area
Products are delivered to the countries offered at the time of ordering. Available destinations may change at any time depending on logistical or regulatory constraints.
5.2 Delivery times
Delivery times indicated on the Site are given as an indication and correspond to the times usually observed for the chosen destination.
The Seller undertakes to deliver the Products within the time indicated at the time of the order or, failing that, no later than thirty (30) days from the conclusion of the contract.
Delivery times run from the confirmation of the order and the actual receipt of payment.
5.3 Delivery delay
In the event of a delivery delay, the Customer may request the Seller to make delivery within a reasonable additional period, by any means allowing proof to be retained.
If the Seller has not performed within this additional period, the Customer may terminate the contract in accordance with articles L216-5 and L216-6 of the French Consumer Code.
The contract is deemed terminated upon receipt by the Seller of the notification of such termination, unless the Product has been delivered in the meantime.
However, the Customer may immediately terminate the contract when the Seller refuses to deliver the Product or when it is clear from the circumstances that the agreed period constituted an essential condition of the contract.
5.4 Refund in the event of termination
In the event of termination of the contract under the conditions set out above, the Seller will refund the Customer all sums paid, including the delivery charges initially invoiced, within a maximum period of fourteen (14) days following the date on which the contract was terminated.
The refund will be made using the same means of payment as that used at the time of the order, unless the Customer expressly agrees to another method of refund.
5.5 Transfer of risk
The transfer of risk of loss or damage to the Products occurs when the Customer, or a third party designated by them other than the carrier, takes physical possession of the Products.
When the Customer themselves entrusts the transport of the Products to a carrier other than that proposed by the Seller, the transfer of risk occurs upon delivery of the Products to said carrier.
5.6 Verification upon delivery
It is the Customer's responsibility to check the apparent condition of the parcel upon receipt.
In the event of a damaged, opened, or apparently anomalous parcel, the Customer is invited to make any useful reservations with the carrier and to inform the Seller's customer service as soon as possible in order to facilitate the processing of their claim.
This procedure does not deprive the Customer of the benefit of the applicable legal warranties.
5.7 Undelivered parcels
In the event of return of the parcel to the Seller due to an incorrect or incomplete delivery address, repeated absence of the recipient, failure to collect within the allotted time, or any other cause attributable to the Customer, the latter will be informed of the situation.
The Seller may propose a new shipment, with any re-shipment costs being borne by the Customer, except in the event of an error attributable to the Seller or the carrier.
5.8 Force majeure
The Seller cannot be held liable for delays or impossibilities of delivery resulting from a case of force majeure or any event reasonably beyond its control, including a natural disaster, strike, armed conflict, pandemic, decision of public authorities, interruption of transport networks, or any other unforeseeable and irresistible event.
ARTICLE 6 – RIGHT OF WITHDRAWAL
6.1 Withdrawal period
In accordance with the provisions of articles L221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) calendar days from receipt of the Product to exercise their right of withdrawal, without having to justify their decision or bear any costs other than those provided for by law.
When the order concerns several Products delivered separately, the period runs from receipt of the last Product.
6.2 Exercise of the right of withdrawal
To exercise their right of withdrawal, the Customer must notify the Seller of their decision before the expiry of the fourteen (14) day period, by means of an unambiguous statement or by using the standard withdrawal form appended to these General Terms and Conditions of Sale.
The request may be sent:
- by email to: help@mycacatoes.com;
- or by postal mail to: SAS JOKA, 1 rue Charles Tellier, 13014 Marseille.
The Customer must specify their name, order number, the Products concerned, and the date of receipt thereof.
6.3 Return of Products
Products must be returned via the return portal provided by the Seller, accessible at the following address: https://returns.bigblue.co/cacatoes. This portal communicates to the Customer the return procedures as well as the return address to use.
Products must be returned in their original condition, complete, unworn, unused, clean, accompanied by their possible accessories, their original packaging, and any document provided upon delivery.
Any perforated or personalized product, as well as any product to which pins, jewelry, or any other external element has been added, cannot be returned, even if it concerns products sold by the Seller.
The Customer is responsible for any depreciation of the Products resulting from handling other than that necessary to establish their nature, characteristics, or proper functioning. Returned Products remain under the Customer's responsibility until they are received by the Seller. The Customer is advised to keep any proof of shipment until confirmation of receipt of the return.
6.4 Return costs
In accordance with article L221-5 of the French Consumer Code, the Customer is informed, before placing any order, that the costs of returning the Products are borne by them in the event of exercising the right of withdrawal. This information also appears on the order confirmation page. Unless otherwise expressly indicated on the Site or in a specific commercial offer, return costs remain the exclusive responsibility of the Customer.
When the Seller provides a prepaid return label, the corresponding cost may be deducted from the refund when this is indicated to the Customer before validation of the order.
The specific procedures applicable according to the country of return are specified in the Return Policy available on the Site.
6.5 Refund
In the event of a valid exercise of the right of withdrawal, the Seller will refund the Customer the sums paid for the returned Products, excluding delivery charges, which remain at the Customer’s expense.
Additional costs resulting from the Customer's choice of a more expensive delivery method than the standard method offered are not refunded.
The refund will be made within a maximum period of fourteen (14) days from the date on which the Seller is informed of the withdrawal decision.
However, in accordance with Article L221-24 of the French Consumer Code, the Seller may defer the refund until the Products have actually been recovered or until receipt of proof of shipment provided by the Customer, whichever comes first.
The refund will be made using the same means of payment as that used at the time of the order, unless the Customer expressly agrees otherwise.
6.6 Exclusions from the right of withdrawal
In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised in particular for:
- Products made to the Customer's specifications or clearly personalized;
- Products unsealed after delivery which cannot be returned for reasons of hygiene or health protection;
- any other Product for which the law expressly excludes the right of withdrawal.
These exclusions only apply in the cases provided for by the regulations in force.
6.7 Standard withdrawal form
The Customer may use the following form, without its use being mandatory:
To the attention of:
SAS JOKA
1 rue Charles Tellier, 13014 Marseille
Email: help@mycacatoes.com
I hereby notify you of my withdrawal from the contract for the sale of the following Product:
Order number:
Product concerned:
Ordered on:
Received on:
Customer name:
Customer address:
Signature (only in the case of paper mailing):
Date:
ARTICLE 7 – LEGAL WARRANTIES
7.1 Legal warranties
The Products sold on the Site benefit from the legal warranties provided for by the French Consumer Code and the French Civil Code.
The Customer benefits from:
- the legal warranty of conformity provided for in articles L217-3 et seq. of the French Consumer Code;
- the legal warranty against hidden defects provided for in articles 1641 et seq. of the French Civil Code.
These warranties apply independently of any commercial warranty that may be granted.
7.2 Legal warranty of conformity
The Seller is required to deliver a Product that conforms to the contract as well as to the objective and subjective conformity criteria provided for by the legal provisions in force.
The Seller is liable for defects of conformity existing at the time of delivery of the Product and appearing within the period provided for by law. The legal warranty of conformity applies for a period of two (2) years from delivery of the Product. During this period, the Customer is not required to prove the existence of the defect of conformity.
In the event of a defect of conformity, the Customer may request the repair or replacement of the Product.
If repair or replacement is impossible, entails manifestly disproportionate costs, or cannot be implemented within a reasonable time, the Customer may obtain a reduction in price or termination of the contract under the conditions provided for in articles L217-8 et seq. of the French Consumer Code.
The implementation of the legal warranty of conformity is free of charge for the Customer.
7.3 Warranty against hidden defects
The Customer may also implement the warranty against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
In this case, they may choose between termination of the sale or a reduction in price in accordance with article 1644 of the French Civil Code.
7.4 Implementation of warranties
Any claim under a legal warranty must be sent to the Seller's customer service accompanied by:
- the order number;
- a precise description of the defect noted;
- photographs allowing the defect to be identified when possible;
- and, if necessary, any information useful for processing the request.
The Seller may request the return of the Product in order to carry out the necessary verifications.
When the warranty is applicable, the costs of return, repair, replacement, or re-shipment are borne by the Seller in accordance with legal provisions.
7.5 Exclusions
The legal warranties do not cover:
- normal wear and tear of the Product;
- damage resulting from misuse, lack of maintenance, use not in accordance with the manufacturer's recommendations, or modification of the Product;
- damage caused by an accident, shock, negligence, or a cause external to the Product.
These exclusions do not apply when they are incompatible with the mandatory provisions relating to legal warranties.
7.6 Commercial warranty
Any commercial warranty that may be offered by the Seller is subject to separate conditions.
It applies without prejudice to the legal warranties benefiting the Customer under the provisions of the French Consumer Code and the French Civil Code.
ARTICLE 8 – RETENTION OF TITLE
The Products remain the exclusive property of the Seller until full and effective payment of the price, in principal and accessories, by the Customer.
Failure to pay, even partial, may result in the reclaiming of the Products under the conditions provided for by law.
In accordance with the provisions of the French Consumer Code, the transfer of risk of loss or damage to the Products occurs when the Customer, or a third party designated by them other than the carrier, takes physical possession of the Products, regardless of the transfer of ownership.
This retention of title clause does not prevent the transfer of risk under the conditions provided for in these General Terms and Conditions of Sale.
ARTICLE 9 – FORCE MAJEURE
Neither Party shall be held liable for non-performance or delay in performance of its obligations resulting from an event of force majeure within the meaning of article 1218 of the French Civil Code and French case law.
Cases of force majeure include, in particular, without this list being exhaustive:
- natural disasters (floods, storms, earthquakes, fires, etc.);
- armed conflicts, acts of terrorism, riots, or civil unrest;
- pandemics, epidemics, or health crises leading to administrative restrictions;
- general or sectoral strikes affecting transport services, postal services, or logistics networks;
- interruptions of telecommunications networks or computer systems beyond the Seller's control;
- decisions by administrative or governmental authorities preventing the normal execution of orders;
- any exceptional shortage of raw materials, energy, or means of transport beyond the Seller's control.
The Party invoking a case of force majeure will inform the other Party as soon as possible of the occurrence of this event as well as its foreseeable consequences on the performance of the contract.
Performance of the affected obligations is suspended for the entire duration of the force majeure event.
If the impediment continues for more than sixty (60) consecutive days, each of the Parties may terminate the contract as of right, without indemnity, by written notification sent to the other Party. This period is set at sixty (60) days in order to guarantee enhanced protection of the consumer Customer, in accordance with the mandatory provisions of applicable consumer law.
In the event of termination of the contract before the shipment of the Products, the Seller will refund the Customer the sums already paid for the order within a maximum period of fourteen (14) days following termination.
ARTICLE 10 – PERSONAL DATA
As part of order management, the commercial relationship, and the execution of these General Terms and Conditions of Sale, the Seller is required to collect and process personal data concerning the Customer.
These processing operations are carried out in accordance with applicable regulations on the protection of personal data, in particular Regulation (EU) 2016/679 of 27 April 2016 ("GDPR") and French legislation in force.
Personal data is collected solely for the purposes necessary for order management, payment, delivery, after-sales service, fraud prevention, as well as compliance with the Seller's legal and regulatory obligations.
The Customer has the rights provided for by applicable regulations, in particular the rights of access, rectification, erasure, limitation, opposition, portability, as well as the right to define directives relating to the fate of their data after their death, under the conditions provided for by law.
The Customer may exercise their rights by contacting the Seller according to the procedures indicated in the Privacy Policy, accessible at any time on the Site.
The Privacy Policy specifies in particular:
- the categories of data collected;
- the purposes of the processing;
- the legal bases for processing;
- the recipients of the data;
- retention periods;
- any transfers outside the European Union;
- the procedures for exercising the rights of data subjects;
- the contact details of the competent department and, where applicable, of the Data Protection Officer (DPO).
The Privacy Policy forms an integral part of the pre-contractual information made available to the Customer before any order. It is permanently accessible from the footer of the Site, via a dedicated and identifiable link. In accordance with article L221-5 of the French Consumer Code and the GDPR, the Customer is informed of the existence of this processing before the conclusion of the contract. In the event of temporary unavailability of the link, the Customer may obtain communication of the Privacy Policy by contacting the Seller's customer service.
Consent to commercial communications by SMS and WhatsApp
By ticking the box provided for this purpose when registering or placing your order, you expressly consent to receive commercial communications from Cacatoès by SMS and/or WhatsApp at the mobile phone number you have provided. This consent is optional and does not condition the validation of your order. In accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act, you have the right to access, rectify, erase, and object to your personal data. To exercise these rights or unsubscribe from our commercial communications, you may at any time reply STOP to one of our messages or send your request to help@mycacatoes.com. For any additional information on the processing of your data, please consult our Privacy Policy.
ARTICLE 11 – CONSUMER MEDIATION
In the event of a dispute relating to the interpretation, performance, or validity of these General Terms and Conditions of Sale, the Customer is invited to contact the Seller's customer service as a priority in order to seek an amicable solution.
If no amicable solution is found within a reasonable period or if the Customer has not obtained a satisfactory response, they may have recourse free of charge to a consumer mediator, in accordance with articles L611-1 et seq. of the French Consumer Code.
The mediator designated by the Seller is:
CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
14 rue Saint-Jean
75017 Paris
Website: https://www.cm2c.net
The mediation request can only be examined by the mediator if:
- the Customer justifies having previously sent a written complaint to the Seller;
- no amicable solution could be found;
- the request is not manifestly unfounded or abusive;
- the dispute has not already been examined or is not being examined by another mediator or a court.
Recourse to mediation is free of charge for the Customer, subject to any costs related to the assistance of counsel or an expert that they may decide to request.
The Customer remains free to accept or refuse the solution proposed by the mediator and retains at all times the possibility of bringing the matter before the competent courts.
ARTICLE 12 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These General Terms and Conditions of Sale are governed by French law.
However, in accordance with Regulation (EC) No. 593/2008 ("Rome I"), the consumer Customer residing in another State also benefits from the mandatory protection provisions of their country of residence when these are applicable.
In the event of a dispute, the Parties will endeavor to seek an amicable solution, in particular by recourse to the consumer mediator designated in article 11.
Failing an amicable agreement, the dispute will be brought before the competent courts in accordance with the applicable rules of jurisdiction.
Where the rules of jurisdiction so permit, the courts within the jurisdiction of the Court of Appeal of Marseille shall have jurisdiction.
ARTICLE 13 – ECO-CONTRIBUTION
JOKA is a member of the eco-organizations ReFashion (UID: FR370225_11SRBP) and LEKO (UID: FR389221_01EVEQ) in order to fulfill its producer obligations arising from the AGEC law: it participates in the fight against waste and in the circular economy in the textile and footwear sector, in application of Law No. 2020-105 of 10 February 2020, as well as contributing to the prevention and management of waste in application of article L541-10 of the French Environmental Code. The Unique Identification Number (UID) is proof for the producer that they are duly registered in the eco-organization's register and up to date with their eco-contributions, as required by law (French Environmental Code, articles L541-10 to L541-10-17). The UID serves to facilitate the monitoring and control of compliance with the EPR (Extended Producer Responsibility) obligations incumbent upon producers.
