Terms of service

ACCEPTANCE OF THE TERMS OF USE

Welcome to the website of Cotélac SAS. The following terms and conditions apply to your use of our website, www.cotelac.us, including any related web pages, content, functionality and services offered thereon (the “Website”). 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. 



CONSENT

Your use of the Website in any form signifies your unconditional acceptance of and agreement to be bound by these Terms of Use and shall have the same force and effect as if you had actually signed an agreement embodying these terms.  If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Website. You hereby represent and warrant that you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  No person under 13 years of age may use this Website.



INTENDED USERS

This Website is operated in the United States of America and is only intended for users who are located in the United States.  Cotélac makes no representation that the Website or any materials or Content (defined below) available thereon, are appropriate or available for use in locations other than the United States.  Those who choose to access this Website from other locations outside of the U.S. do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.




REGISTRATION

Certain areas of the Website may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your username, password and any other information relating to your account confidential. The protection of your username and password is your responsibility.  If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for making such party aware of these Terms of Use and for the use of the Website by such party in accordance therewith.

We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Website, or any portion thereof, at any time, with or without notice if we have reason to believe you have violated, or have attempted to violate, these Terms of Use.

PRODUCT INFORMATION

We have made every effort to display as accurately as possible the pricing and availability, colors, description of products, or other Content that appears on this Website.  Unfortunately, it is not possible to ensure that the Website is completely free of human or technological errors.  This Website may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to pricing and availability, colors, description of products, or other Content on this Website.  Cotélac reserves the right to correct any typographical mistakes, inaccuracies, errors or omissions — including after an order has been submitted — and to change or update information at any time without prior notice to you.  The prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States.



ONLINE PURCHASES - TERMS OF SALE

All purchases through our Website or other transactions for the sale of products or services from or through the Website or as a result of visits made by you are governed by these following Terms of Sale :

Sales Tax
Cotélac will not charge sales tax except for items delivered in CA,CT,MA and NY State. This is subject to change as required by applicable law.

Phone orders
If you are having trouble placing your order online, please contact customer service at 203 557 9292, Monday-Friday between 10AM and 6PM Eastern Standard time

Order cancellation
You are able to cancel your order if your order status is « in process ». Once your order has been shipped, we are unable to cancel it. You can also contact us at 203 557 9292 for help in cancelling your order.

Delivery
The order shall be delivered to the address specified by the client. At the time of ordering, the client must give precise contact details as well as the delivery address, if this is inaccurate any delay or failure shall be the responsibility of the client. In the event that products ordered are lost or damaged during delivery, the client must provide prompt notice to Cotélac internet client services at contact@cotelac.us
Any anomalies observed at the time of delivery (parcel opened or damaged, etc.) must be notified the carrier at time of delivery.
Ownership of the goods ordered shall only be transferred to the client after complete payment of the price invoiced, including delivery costs.

Shipping and handling (methods and costs)
Cotelac offers the following types of shipping :

UPS ground shipping: free over $150 or $10
UPS 3 Day Select: $35
UPS 2nd Day Air: $45
UPS next Day Air Saver: $85

Cotelac.us can only ship to addresses within the United States. We are unable to ship orders to international addresses or PO boxes. For your protection, any order totaling $1000 or more requires a signature at the time of delivery.

Insurance

Over $1000 : add $20 for insurance
Over $2000 : add $40 for insurance
Over $3000: add $60 for insurance

Returns
Merchandise, including sale merchandise, can be returned for a full refund within 14 days of the delivery date. We will accept returns for items in their original, undamaged and unwashed condition, all tags attached, and with a copy of the original receipt. Shoes must be returned in their original box in original condition. Upon receipt of returned goods, Cotélac reserves the right to deny refund if the merchandise does not meet return policy requirements. Shipping and handling charges for return merchandise are not refundable unless we have made a shipping error. Please be sure to ship your package using a trackable, insured shipping method. Keep the tracking details for your records. Once your return package has been received by Cotelac.us, your refund will be processed in the original form of payment within five to seven business days. Note that your banking institution may require additional days to process and post this transaction to your account.


Exchanges
Merchandise can be exchanged within 14 days of the delivery date. We will accept exchanges for items in their original, undamaged and unwashed condition, all tags attached, and a copy of the original invoice. Upon receipt of returned goods, Cotélac reserves the right to deny refund if the merchandise does not meet return policy requirements. Shipping and handling charges for return merchandise are not refundable unless we have made a shipping error.
Exchanges are subject to availability.

Items sold at 50% are final sale. No return or exchange.

Unlisted styles
Trying to locate a style not featured on cotelac.us ? Please contact 203 557 9292 and we will help you to locate it.

Policies
Items purchased online may not be returned at Cotélac stores. Item purchased at Cotélac stores may not be returned online. Exchange and return policies are subject to change without notice.
Price adjustments will not be honored at cotelac.us nor at any Cotelac store.
Products with prices at 50% off on sale are final sale. These products can not be returned for exchange or refund.




ORDER

The automated order systems are considered as constituting proof of the nature, content and date of order.
Any acceptance of an order signed by the client by "ticking" the box constitutes irrevocable acceptance which may only be called into question within the limits provided in these general terms and conditions of sale.
At the time of passing the order, the client acknowledges that it is familiar with the special conditions of sale stated in these present terms and conditions, and expressly declares unconditional acceptance of them.
The order shall only be taken into account when the client validates payment on the site.  When payment has been made, a document summarising the order is sent by Cotélac to the client immediately or, at the latest before delivery, by e-mail to the e-mail address indicated by the latter. This document is equivalent to an acknowledgment of receipt of the Client's order and incorporates all the constituent elements of the contract between the parties.
The client may track the development of his order at any time on the site under the heading "My Account" or contact Client Services by e-mail at contact@cotelac.us with any question it may have relating to its order.
Cotélac reserves the right to cancel any order from a client where a dispute exists regarding payment of a previous order, but also in the event that products ordered are unavailable. In the latter case, the Company shall inform the client by e-mail as soon as possible and reimburse the price invoiced by crediting the client's bank card.
Information provided by the client at the time the order is placed shall be binding upon it. In the event of a mistake in the wording of the addressee'’s contact details, Cotélac may not be held responsible for any consequences which this error may generate.



SECURED PAYMENT

Payment shall be carried out immediately on the Internet, unless the server is unavailable, by a Visa, Eurocard/Mastercard or American Express Cotélac reserves the right to refuse any order or delivery in the event of any dispute with the Purchaser, of total or partial non-payment of a previous order by the Purchaser, of a refusal to authorise payment by bank card by banking organisations, or of non-payment or partial payment. Cotélac may not be held responsible under any circumstances whatsoever.



USER COMMUNICATION

By inputting data or engaging in any other form of communication to or within the Website, you grant to Cotélac a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or materials contained in such Communications, in all media now known or hereafter developed.  You warrant that you have all rights necessary to grant such license to Cotélac and waive all rights you may have to inspect and/or approve of any use by Cotélac of any material or idea submitted by you in any Communications or receive any compensation for such use.  You also waive all rights to any claim against Cotélac for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.  You agree and understand that Cotélac is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.  You acknowledge that by submitting Communications to Cotélac or the Website, no confidential, fiduciary, contractually implied or other relationship is created between you and Cotélac, its parent, affiliates, subsidiaries, or agents other than as set forth in these Terms of Use.



INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS

The entire contents of the Website, including without limitation, all information, software, code, data, text, displays, images, video and audio, logos, slogans, trade names, product/service names, domain names, and the design, selection and arrangement of the Website as a collective work and/or compilation (collectively the “Content”) is protected by United States and international laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights, and is owned, controlled and/or licensed by Cotélac or any other party attributed as the owner or provider of any aspect of such Content.  You must abide by all copyright notices, attribution information, or restrictions contained in any Content accessed through the Website.  No right relating to any intellectual property of Cotélac or any other party is transferred to you or any other person as a result of the use of this Website.

 

PROHIBITED USERS

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To spoof meaning to impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website, or otherwise use any device, software or routine that interferes with the proper working of the Website
- Use any robot, spider or other automatic device, process or means to access the Website or to obtain user or other information from the Website (including, without limitation, any information residing on any server or database connected to the Website). - Use any manual process to monitor or copy any of the Content on the Website or for any other unauthorized purpose without our prior written consent.
- Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, hack into, decrypt, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website (including, without limitation, attaching the Website via a denial-of-service attack or a distributed denial-of-service attack).
- Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website.


WEBSITE ACCESS AND LIMITED LICENCE

You may not copy, modify, create derivative works from, publicly display or perform, republish, transfer, sell, download (other than page caching on your web browser), store, transmit or exploit this Website or any portion thereof without the express prior written consent of Cotélac.  In addition, you must not reproduce, resell, or otherwise exploit for any commercial purposes any products or services provided on or through this Website or any Content.


CHANGES TO WEBSITE

We may change, suspend or discontinue and/or restrict the use of all or any portion of the Website (including the availability of any products, data or other information contained on the Website), at any time for any reason and without notice or liability.  We reserve the right, with or without notice to you, to change any of the products or services offered on the Website or any other aspect of the Website including, but not limited to, hours of operation, site maps, menu structures, access procedures, software commands, documentation, and/or service providers.


CHOICE OF LAW, JURIDICTION

These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to its principles of conflict of laws.  The sole and exclusive jurisdiction for any claim, dispute or Proceeding (“Action”) arising out of or related to these Terms of Use shall be in the State or Federal courts located within New York County in the State of New York.  You hereby irrevocably consent to the personal and exclusive jurisdiction of such courts and waive any objections you may have on the basis of forum non-conveniens, venue, jurisdiction or otherwise.  To the fullest extent permitted by applicable law, no Action with respect to this Website (or to products or services purchased through the Website) shall be joined to an Action involving any other party, whether through class action proceedings or otherwise.  You agree that any Action arising out of or related to the Website (or to products or services purchased through the Website) must commence within one year after such Action accrues, otherwise, such Action is permanently barred.  Notwithstanding the foregoing, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and we reserve the right to bring an Action against you for a breach of these Terms of Use in your country of residence or any other relevant country. A printed version of the Terms of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  We may provide notice to you relating to the Website and/or these Terms of Use by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent.

SEVERABILITY ; WAIVER

If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.  No waiver or failure to exercise or enforce any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such right or provision or any other right or provision.


ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and Cotélac with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The section headings used herein are for convenience only and shall not be given any legal import.


MODIFICATIONS TO TERMS OF USE


We may change these Terms of Use at any time, in our sole discretion, without prior notice to you by posting changes on this page of the Website.  It is your responsibility to review these Terms of Use from time to time to take notice of any changes we made.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.


CONTACT US


 If you have any questions about these Terms of Use or want to request permission to reproduce Content from this Website, please contact us in one of the following ways: E-mail us at: contact@cotelac.us ; Mail us at: 111 Post Road East, Westport, CT 06880 or call us at: 203 557 3727