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These general sales conditions (hereafter known as « General Conditions») apply to all purchases made by internet users/private individuals (hereafter known as the « CUSTOMER(S)») on the www.cieldazur.com Website (hereafter known as the « SITE ») from CIEL D'AZUR LABS, SARL registered with the registry of commerce and companies Manosque under number RCS 417 880 895, and which has its headquarters at ZA PITAUGIER 04300 MANE , France Fax: 04 92 74 63 47, email: email@example.com (hereafter known as the « VENDOR »).
All orders placed on the SITE imply the CUSTOMER’s full acceptance of these general sales conditions.
Article 1. Definitions
The terms used hereafter have the following meaning in these General Conditions:
Article 2. Object
These General Sales Conditions govern the sale of PRODUCTS by the VENDOR to his CUSTOMERS.
The CUSTOMER is clearly informed and recognizes that the SITE is intended for consumers and that professionals must contact the VENDOR’s sales department to obtain distinct contractual conditions
Article 3. Acceptance of general conditions
The CUSTOMER agrees to read these General Conditions carefully and accept them, before proceeding with payment of an order for PRODUCTS placed on the SITE.
These General Conditions are referencedby means of a link at the bottom of each page of the SITE and must be consulted before placing the order. The CUSTOMER is invited to read them carefully and to download and print out the General Conditions and to keep a copy.
The VENDOR recommends that the CUSTOMER reads the General Conditions at each new order, as the latest version of said Conditions applies to any new order of PRODUCTS.
By clicking on the first button to place the order and on the second to confirm said order, the CUSTOMER recognizes that he/she has read, understood and fully accepted the General Conditions.
Article 4. Purchasing products on the site
To be able to buy a PRODUCT, CUSTOMERS must be 18 or over and have the legal capacity to do so, or, if they are underage, they must be able to justify authorization fromby their legal representatives.
The CUSTOMER will be invited to supply information enabling their identification by filling in the form available on the SITE. The (*) sign indicates the compulsory fields which must be filled in for the CUSTOMER’s order to be processed by the VENDOR. The CUSTOMER can check the status of his order on the SITE. DELIVERY follow-up can be carried out, if necessary, by using the on-line tracking tools of certain carriers. The CUSTOMER can also contact the VENDOR’s sales department by email, on firstname.lastname@example.org, to obtain information on the status of his order.
The information that the CUSTOMER gives to the VENDOR when placing his order must be complete, accurate and up-to-date. The VENDOR reserves the right to ask the CUSTOMER to confirm, by any means appropriate, his identity, eligibility and the communicated information.
Article 5. Orders
Article 5.1 Characteristics of PRODUCTS
The VENDOR endeavours to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the compulsory information that the CUSTOMER must receive under applicable French law (in these General Conditions).
The CUSTOMER agrees to read this information carefully before placing an order on the SITE.
The VENDOR reserves the right to modify the selection of PRODUCTS available on the SITE. Unless otherwise indicated on the SITE, all the PRODUCTS sold by the VENDOR are new and in compliance with the European legislation in force and the standards applicable in France.
Article 5.2. Order procedure
Orders of PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note however that according to the CUSTOMER’s start-up page, the steps may be slightly different).
5.2.1. Selection of PRODUCTS and purchasing options
The CUSTOMER shall select the PRODUCT(s) of his/her choice by clicking on the PRODUCT(s) concerned and by choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER’s shopping cart. The CUSTOMER can then add as many PRODUCTS to his shopping cart as he/she wishes.
Once the PRODUCTS have been selected and placed in his/her shopping cart, the CUSTOMER must click on the shopping cart and check that the contents of the shopping cart are accurate. If the CUSTOMER has not already done so, he/she will then be invited to identify him/herself or register.
Once the CUSTOMER has validated the contents of the shopping cart and that he/she has identified himself or registered, an automatically-filled on-line form will display with a breakdown of prices, applicable tax, and where applicable, DELIVERY costs.
The CUSTOMER is invited to check the contents of his/her order (including the quantity, the characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.
The CUSTOMER can then proceed with payment of the PRODUCTS by following the instructions on the SITE and supply all the information necessary for the billing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS for which there are options available, these specific references appear when the right options have been selected. The orders placed must include all the information necessary for the correct processing of the order.
The CUSTOMER must also select the chosen DELIVERY mode.
Once all the steps described above have been carried out, a page appears on the SITE to acknowledge receipt of the CUSTOMER’s order. A copy of this order confirmation is automatically sent to the CUSTOMER by email, on condition that the email address indicated on the registration form is accurate.
No order confirmation is sent by mail or fax by the VENDOR.
During the order procedure, the CUSTOMER must enter the information necessary for billing (The (*) sign indicates the compulsory fields to be filled for the CUSTOMER’s order to be processed by the VENDOR).
The CUSTOMER must particularlyindicate clearly all the information relative to DELIVERY, particularly the exact DELIVERY address, as well as any possible access codes for the DELIVERY address.
The CUSTOMER must then specify the means of payment chosen.
Neither the order form that the CUSTOMER fills in on line, nor the order confirmation that the VENDOR sends to the CUSTOMER by email can be considered as invoices. Whatever the means of payment used, on acceptance, the CUSTOMER will receive the bill by email. The CUSTOMER will receive the DELIVERY note on DELIVERY of the PRODUCTS, inside the package.
5.3. Order date
The order date is the date on which the VENDOR confirms reception of the order on line. The delivery times indicated on the SITE only start from this date.
For all the PRODUCTS, the CUSTOMER will find on the SITE prices in euros inclusive of VAT, and the applicable DELIVERY costs (according to the weight of the package, not including packaging and gifts, the DELIVERY and carrier address or the means of transport chosen).
Prices specifically include Value Added Tax (VAT) at the rate in effect on the date of the order. All modifications to the applicable rate can impact the price of PRODUCTS from the date of the new rate being enforced.
The applicable rate of VAT is expressed as a percentage of the value of the PRODUCT sold.
The prices of the VENDOR’s suppliers may be subject to modification. Consequently, the prices indicated on the SITE may change. They can also be modified in the case of special offers or sales.
The prices indicated are valid, except in the case of a serious mistake. The applicable price is that which is shown on the SITE on the date the CUSTOMER places the order.
5.5. Availability of PRODUCTS
According to the PRODUCT concerned, the VENDOR applies a « tight flux » stock management. Consequently, according to the case, the availability of the PRODUCTS depends on the VENDOR’s stocks.
The VENDOR agrees to honour the orders received subject to the PRODUCTS being available.
The unavailability of a PRODUCT is normally shown on the page of the PRODUCT concerned. CUSTOMERS can also be informed of the replenishment of a PRODUCT by the VENDOR.
Whatever the case, if the unavailability was not shown at the time of the order, the VENDOR agrees to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The VENDOR can, at the CUSTOMER’s request:
Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS out of stock are available again,
Or carry out a first partial shipment of the PRODUCTS available, and then ship the rest of the order when the other PRODUCTS become available, subject to clear information concerning the extra carriage costs de transport which may be involved,
Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER should decide to cancel his order of unavailable PRODUCTS, he/she will obtain the reimbursement of all the amounts paid for the unavailable PRODUCTS within thirty (30) days of payment.
Article 6. Right of withdrawal
The means of right of withdrawal are provided in the «withdrawal policy», a policy which is available in Appendix 1 of this document and accessible at the bottom of each page of the SITE by means of a hypertext link.
Article 7. Payment
7.1. Means of payment
The CUSTOMER can pay for his/her PRODUCTS on line on the SITE according to the means proposed by the VENDOR.
The CUSTOMER guarantees the VENDOR that he/she has all the authorizations required to use the chosen means of payment.
The VENDOR will take all necessary measures to guarantee the safety and confidentiality of the data transmitted on line in the framework of payment on line on the SITE.
It is important to state that all the information regarding payment provided on the SITE is transmitted to the SITE’s bank and is not processed on the SITE.
7.2. Date of payment
In the case of a single payment unique by credit card, the CUSTOMER’s account will be debited as soon as the order of PRODUCTS is placed on the SITE.
In the case of partial DELIVERY, the total amount will be debited from the CUSTOMER’s account at the earliest when the first parcel is dispatched. If the CUSTOMER decides to cancel his/her order of unavailable PRODUCTS, the reimbursement will be carried out in accordance with the last paragraph of article 5.5 of these General Conditions.
7.3. Late payment or default of payment
If the bank refuses to debit a card or another means of payment, the CUSTOMER must contact the VENDOR’s Customer Service in order to pay the order by any other valid means of payment.
If for any reason whatsoever, opposition, refusal or other, the transmission of the funds due by the CUSTOMER was to be impossible, the order will be cancelled and the sale automatically cancelled.
Article 8. Proof and Archiving
Any contract signed with the CUSTOMER for an order for an amount exceeding 120 euros VAT INCLUSIVE will be archived by the VENDOR for a period of ten (10) years in accordance with article L. 134-2 of the French Consumer Code.
The VENDOR agrees to archive this information in order to ensure a follow-up of the transactions and to produce a copy of the contract at the CUSTOMER’s request.
In the case of dispute, the VENDOR will have the possibility of proving that his system of electronic follow-up is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of property
The VENDOR remains the owner of the shipped PRODUCTS until their full payment by the CUSTOMER.
The provisions above do not prevent transfer to the CUSTOMER, at the time he/she receives them, or by a third party named by him/herself other than the carrier, of the risks of loss or damage to the PRODUCTS which are the object of the retention of ownership, as well as the risk of damage that they may cause.
Article 10. DELIVERY
The DELIVERY terms of the PRODUCTS are provided in the « DELIVERY policy » in Appendix 2 of this document and accessible at the bottom of each page of the SITE via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packed according to the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS agree to meet the same standards when they return PRODUCTS under the conditions set in Appendix 1 ' Withdrawal Policy’.
Article 12. Guarantees
12.1. Conformity Guarantee
The VENDOR is held to delivering a compliant PRODUCT, i.e. appropriate for the use expected of similar goods and which corresponds to the description given on the SITE. This conformity also supposes that the PRODUCT presents the qualities that a purchaser can legitimately expect regarding the public statements made by the VENDOR, including in advertising and labelling.
In this scope, the VENDOR may be liable for existing conformity defects on deliverance and for the conformity defects which result from the packaging, the assembly or installation instructions when this is under his responsibility or where they are developed under his responsibility.
The litigationresulting from the conformity defect will become lapsed within two (2) years of the deliverance of the PRODUCT.
In the case of a conformity defect, the CUSTOMER can request the replacement or repair of the PRODUCT, according to his choice. However, if the cost of the CUSTOMER’s choice is disproportionate relative to the other possible option, according to the value of the PRODUCT or the importance of the defect, the VENDOR can proceed with a reimbursement, without following the option chosen by the CUSTOMER.
In the event where replacement or repair is impossible, the VENDOR agrees to provide reimbursement forthe price of the PRODUCT within 30 days of receiving the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: ZA PITAUGIER 04300 MANE.
Lastly, the CUSTOMER is exempt from providing proof of the existence of the conformity defect of the PRODUCT during the six (6) months following the deliverance of the asset.
It is stated that this legal guarantee of conformity applies regardless of the trade guarantee granted, where applicable, on the PRODUCTS.
12.2. Warranty on hidden defects
The VENDOR is bound to the warranty on hidden defects of the PRODUCT sold which render it unfit for the use for which it was intended,or which so impair that use that the CUSTOMER would not have purchased it, or would have only paid a lesser price if he/she had known of them.
This warranty allows the CUSTOMER who can prove the existence of a hidden defect to choose between the reimbursement of the price of the PRODUCT if it is returned and the reimbursement of part of its price, if the PRODUCT is not returned.
In the event where replacement or repair is impossible, the VENDOR agrees to provide reimbursement ofthe price of the PRODUCT within 30 days of receiving the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address : ZA PITAUGIER 04300 MANE.
Litigation arisingfrom the hidden defects must be filed by the CUSTOMER within two (2) years of discovering the defect.
Article 13. Liability
The VENDOR’s liability may in no way be incurred in the case of non-performance or improper performanceof the contractual obligations attributableto the CUSTOMER, specifically at the time of entering his order.
The VENDOR cannot be held responsible, or considered as having failed in this agreement, for any delay or non-performance, when the cause of the delay or non-performance is linked to an Act of God such as defined by the jurisprudence of French courts and Tribunals.
It is also stated that the VENDOR does not control the web sites which are directly or indirectly linked to the SITE. Consequently, this excludes all liability for the information published therein. The links to third party web sites are only given for information purposes and no guarantee is given of their content.
Article 14. Personal data
The data collected by the VENDOR are used to process orders placed on the SITE, manage the CUSTOMER’s account, analyse orders and, if the CUSTOMER has chosen this option, to send him/her commercial prospection mails, newsletters, promotional offers and/or information on special sales, except where the CUSTOMER does not wish to receive such communications from the VENDOR.
The CUSTOMER’s data are confidentially kept by the VENDOR in accordance with his declaration with CNIL, for the purposes of the contract, for its performance and in accordance with the law.
CUSTOMERS can at any given time unregisterby accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
The data can be communicated, partially or fully, to the service providers of the VENDOR who are part of the order process. For commercial purposes, the VENDOR can transfer to his trade partners the names and addresses of his CUSTOMERS, on condition that these last have given their prior agreement when registering on the SITE.
The VENDOR will specifically ask CUSTOMERS if they wish their personal data to be divulged. CUSTOMERS can change their mind at any time on the SITE or by contacting the VENDOR.
The VENDOR can also ask his CUSTOMERS if he/she wishes to receive trade offers from his/her partners.
In accordance with French law No 78-17 of 6th January 1978 relative to Information Technology, Files and Civil Liberties, all CUSTOMERS have a right of access, rectification, opposition (on legitimate grounds) and removal of their personal data. They may exercise this right by sending an email to the address: email@example.com or by sending a letter to ZA PITAUGIER 04300 MANE.
We specify that CUSTOMERS must be able to justify their identity, either by scanning a document proving their identity or by sending a photocopy of their proof of identity to the Vendor.
Article 15. Complaints
The VENDOR makes available to the CUSTOMER a « Telephone Customer Service » on the following number: (non-surcharged call to Metropolitan France).
All written complaints from CUSTOMERS must be sent to the following address: ZA PITAUGIER 04300 MANE.
Article 16. Intellectual property
All the visual and sound elements of the SITE, including the subjacent technology used, are protected by copyright, brand and/or patent rights.
These elements are the exclusive property of the VENDOR. Persons publishing a web site who wish to create a direct hypertext link to the SITE must request authorization from the VENDOR in writing.
This authorization by the VENDOR will in no way be granted definitely. This link must be deleted at the VENDOR’s request. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links - in-line linking - are strictly forbidden.
Article 17. Validity of the General Conditions
All modifications in the legislation or regulations in force, or of any decision of a competent court invalidating one or several clauses of these General Conditions will in no way affect the validity of these General Conditions. Such modifications or decisions do not authorize CUSTOMERS to ignorethese General Conditions.
All conditions not expressly treated in this document governed in accordance with the usage of the trade sector for private individuals and companies whose headquarters are in France.
Article 18. Modification to the General Conditions
These General Conditions apply to all purchases made on line on the SITE, for as long as the SITE is available on line.
The General Conditions are dated precisely and can be modified and updated by the VENDOR at any given time. The applicable General Conditions are those in force at the time of the order.
Modifications made to the General Conditions do not apply to PRODUCTS already purchased.
Article 19. Law and jurisdiction
These General Conditions and the relationship between CUSTOMER and VENDOR are governed by French law.
In the case of dispute, French courts alone will be competent.
However, prior to any recourse to arbitration or national courts, negotiations in a spirit of good faith will be privileged in view of reaching an out of court settlement when conflicts arise relative to this contract, including relative to its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgement of receipt indicating the elements of the conflict. If the parties have not reached an agreement within fifteen (15) days, the dispute will be submitted to the competent jurisdiction mentioned above.
Throughout the negotiation process and until it is finished, the parties agree not to take any legal action against one another and for the conflict which is the object of the negotiation. By way of exception, the parties are authorized to bring the matter before the court for emergency proceedings or to seek an order made on motion. Possible action before the jurisdiction of the court for emergency proceedings or the implementation of a proceedings instituted upon an ex parte application does not lead to waiver on the part of the parties of the out of court settlement clause, unless expressly indicated otherwise.
Principle of withdrawal
The CUSTOMER has the right to return the PRODUCT to the VENDOR or to a person named by this last, without undue delay, and at the latest within fourteen (14) days of communicating his decision to withdraw, unless the VENDOR offers to recuperate the PRODUCT himself.
Period of withdrawal
The Period of withdrawal expires within fourteen (14) calendar days from the day when the CUSTOMER, or a third party other than the carrier and named by the CUSTOMER, takes physical possession of the PRODUCT.
In the event where the CUSTOMER had ordered several PRODUCTS via a single order resulting in several DELIVERYS (or in the case of an order for a single PRODUCT shipped in several batches), the Period of Withdrawal will expire within fourteen (14) calendar days from the day when the CUSTOMER, or a third party other than the carrier and named by the CUSTOMER, takes physical possession of the shipped PRODUCT.
Notification of the right of withdrawal
To exercise his/her right of withdrawal, the CUSTOMER must notify his/her decision to withdraw from this contract by means of a clearly worded statementto: ZA PITAUGIER 04300 MANE or firstname.lastname@example.org.
He/she can also use the form below:
For the attention of [*] (*Name and address of VENDOR)
Telephone number of VENDOR* :
Fax number of VENDOR* :
Email address of VENDOR* :
I hereby give notice of my withdrawal from the contract bearing on the sale of the PRODUCT below:
No of invoice :
No of order form:
- Ordered on [____________]/Received on [________________]
- Means of payment used:
- Name of CUSTOMER and where applicable the recipient of the order:
- Address of CUSTOMER:
- DELIVERY Address:
- Signature of CUSTOMER (except in the case of email transmission)
For the Period of withdrawalto be respected, the CUSTOMER must send his/her communication relative to exercising a right of withdrawal before expiry of the withdrawal period.
Effects of withdrawal
In the case of the CUSTOMER withdrawing, the VENDOR agrees to reimburse the total amounts paid, including DELIVERY costs without undue delayand, whatever the case, at the latest within fourteen (14) days from the day the VENDOR is informed of the CUSTOMER’S wish to withdraw.
The VENDOR will proceed with the reimbursement using the same means of payment as those used by the CUSTOMER for the initial transaction, except if the CUSTOMER expressly agrees to a different means, whatever the case, this reimbursement will not give rise to costs for the CUSTOMER.
The VENDOR can defer the reimbursement until reception of the asset or until the CUSTOMER has provided a proof of the asset being shipped, the date retained being that of the first of these events.
The CUSTOMER shall, without undue delay and, whatever the case, at the latest within fourteen (14) days of communicating his/her decision to withdraw from this contract, return the goods to: ZA PITAUGIER 04300 MANE.
This period is deemed as having been met if the CUSTOMER returns the goods before the fourteen day period expires.
The CUSTOMER incurs the direct costs of returning the goods.
State of returned goods
The PRODUCT must be returned following the VENDOR’s instructions and include all the delivered accessories.
The CUSTOMER’s liability is only shall only be liable for any diminished value of the goods resulting from handling other than that which is necessary to determine the nature, characteristics and the correct operation of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but his liability may be incurred if he proceeds with handling other than that which is necessary.
The PRODUCTS are packaged according to the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS must meet the same standards when returning PRODUCTS. The CUSTOMER is invited to return the PRODUCT he/she does not deem suitablein its original packaging and in good condition, ready for resale.
Exclusions of right of withdrawal
Right of withdrawal is excluded in the following hypotheses:
The PRODUCTS offered can only be delivered on the TERRITORY.
It is impossible to place an order for any DELIVERY address outside this TERRITORY.
The PRODUCTS are shipped to the DELIVERY address(es) that the CUSTOMER has given during the order.
The time taken to prepare an order and draft the invoice, before DELIVERY PRODUCTS in stock are mentioned on the SITE. These times are understood exclusive of weekends or public holidays.
An email will be sent automatically to the CUSTOMER at the time of DELIVERY the PRODUCTS, on condition that the email address on the registration form is accurate.
DELIVERY schedule & Costs
During the order process, the VENDOR indicates to the CUSTOMER the schedules and possible DELIVERY methods for the PRODUCTS purchased.
The DELIVERY costs are calculated according to the DELIVERY procedure. The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of the schedule and costs of DELIVERY are given on the SITE.
The package will be handed overto the CUSTOMER against signatureand on presentation of proof of identity.
In the case of absence, transit notice will be left for the CUSTOMER, so that he/she can fetch his/her package from a post office.
The CUSTOMER is informed of the DELIVERY date set at the time of choosing the carrier, at the end of the on-line ordering procedure, before confirming the order.
It is stated that the DELIVERY will be carried out within a maximum of thirty (30) days. Failing this, the CUSTOMER must enjoin the VENDOR to deliver in a reasonable period of time and in the case of non-DELIVERY in this period of time, he/she can terminate the contract.
The VENDOR will reimburse, without undue delay, from the moment of receiving the termination letter, the CUSTOMER the total amount paid for the PRODUCTS, taxes and inclusive of DELIVERY costs, by means of the same means of payment as that used by the CUSTOMER to purchase the PRODUCTS.
The VENDOR is responsible up to DELIVERY of the PRODUCT to the CUSTOMER. We remind you that the CUSTOMER has a period of three (3) days to notify the carrier of damage or partial loss observed during DELIVERY.