Terms of Sales

 

Preamble – Legal notices and general information

 

These general terms and conditions of sale (hereinafter "the GTC") apply to any purchase made by a natural person (hereinafter "the Customer") on the Website https://ceucle.com/ (hereinafter after the "Site") with the company CÈUCLE, a limited liability company with a share capital of 1,500 Euros, registered with the Paris Trade and Companies Register under number 907 563 746, whose registered office is located at 10, rue Moreau in Paris (75012), email: contact@ceucle.com (hereinafter “CÈUCLE”).

The purpose of these T&Cs is to regulate the sale and delivery to Customers of products manufactured and marketed by CÈUCLE via the Site (hereinafter “Products”) and are binding for the duration of the contractual relationship.

Any order implies the unreserved acceptance of these T&Cs and no special condition not provided for herein may, unless prior and express acceptance by CÈUCLE, be opposed by the Customer.

The Customer is clearly informed and acknowledges that the Site is aimed at consumers within the meaning of the preliminary article of the Consumer Code.

If you are a professional within the meaning of the aforementioned article, you should contact CÈUCLE directly by email at contact@ceucle.com or via the contact form https://ceucle.com/contact in order to find out about the applicable contractual conditions.

Article 1 – Conditions of application

These GCS are brought to the attention of the Customer to enable him to place an order for Products. By clicking on the icon of the "Order validation" site, the Customer acknowledges having full legal capacity to commit to the terms of the GCS.

CÈUCLE will make its best efforts to keep the Site permanently available. Nevertheless, it is possible that the Site is not available for reasons of maintenance, redesign, update, security and/or force majeure, which the Customer acknowledges and accepts.

CÈUCLE, or its service providers, cannot guarantee that the Site operates without interruption or anomaly.

Article 2 – Products

The Products offered by CÈUCLE to the Customer are those listed in the catalog published on the Site, within the limits of available stocks and subject to the proper functioning of the Site. CÈUCLE cannot guarantee that the updating of stocks will be error-free and, if necessary, will make its best efforts to contact the Customer concerning the cancellation of an order for a Product due to the exhaustion of stocks.

Each Product is presented accompanied by a photograph and a description drawn up by CÈUCLE. The descriptions are intended to present to the customer the essential characteristics of the Products prior to the sale.

CÈUCLE's Products are artisanal and handmade so that the visuals of the Products are provided for information only and may vary (in terms of fibers, texture, knots and color) which cannot characterize defects. or damage, which the Customer acknowledges and accepts.

CÈUCLE guarantees the Customer that the Products are manufactured and packaged according to strict quality rules in accordance with the law and standards in force in France. CÈUCLE cannot be held liable if the Customer has not complied with appropriate conditions for the storage and/or maintenance of the Products.

CÈUCLE offers the optional customization of some of its Products according to a particular event and this, among proposals pre-established by it.

Article 3 – Registration, Customer as a guest and order

3.1. Registration

The order of Products on the Site can be made by opening a personalized space by indicating a valid e-mail address and choosing a password.

The Customer receives a registration confirmation e-mail at the e-mail address indicated.

3.1. Customer as guest

The order of Products on the Site can be made as a simple "guest" Customer, that is to say without prior registration via the opening of a personalized space.

Under this method of purchase, the Customer must only provide the data necessary to process the order.

3.3. Order

The Customer can select the Product of his choice by clicking on the Product concerned and choose the quantity of Product(s). The operation must be repeated for as many Products as the Customer wishes to order.

The selected Product is then placed in the Customer's basket.

To finalize the order, the Customer must go to his basket. CÈUCLE invites Customers to check precisely that the Products present in the Customer's basket are compliant and in good quantity.

The Customer must then complete the order form indicating the following data: marital status, address, telephone, email address, additional information. The Customer undertakes to provide up-to-date information and to contact CÈUCLE without delay and up to 12 hours after confirmation of the order, in order to update it if necessary.

Then, the Customer is invited to confirm his order by clicking on "Validate the order".

The Customer chooses the method of payment by bank card (namely Mastercard, Bank Card or Visa) or with a PAYPAL account and proceeds to payment for the Products via a secure platform from a CÈUCLE service provider.

The Customer will receive after payment, an order confirmation e-mail including the details of his order as well as these GCS. The order only becomes valid if all the information requested is provided by the Customer. CÈUCLE reserves the right to refuse an order that is abnormal, incomplete or for any other reason.

It is recalled that the validation of the order implies unreserved acceptance of these GCS

CÈUCLE declines all responsibility for computer input error(s) made by the Customer and then taken over by CÈUCLE during the transcription of the personalization.

An invoice in electronic format will be available in the order confirmation email.

 

Article 4 : Price

For all Products, the Customer will find on the Site prices displayed in euros, all taxes included, as well as any applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the delivery address and the carrier or mode of transport chosen).

The prices include in particular value added tax (VAT) at the rate in force on the date of the Order in France. Any modification of the applicable rate may impact the price of the Products from the date of entry into force of the new rate without the Customer being informed beforehand. However, prices cannot be changed once the order has been confirmed. The applicable VAT rate is expressed as a percentage of the value of the Product sold.

The shipping costs include the costs of packaging. Delivery costs are invoiced by CÈUCLE. These fees are likely to vary according to market prices. They are always invoiced in addition to the price of the goods.

The prices of CÈUCLE suppliers are subject to change. Consequently, the prices indicated on the Site may change and may also be modified in the event of special offers or sales. The applicable price is that indicated on the Site on the date on which the Order is placed by the Customer, unless there is a gross error.

Article 5 – Right of withdrawal

In accordance with the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from CÈUCLE. If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.

To exercise his right of withdrawal, the Customer must notify his decision to withdraw for this Order by means of an unambiguous declaration (postal letter, e-mail) to CÈUCLE whose contact details are in the Preamble or fill in the following withdrawal form:

For the attention of the company CÈUCLE located at 10, rue Moreau in Paris (75012), or via contact@ceucle.com :

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only in case of notification of this form on paper):

Date :

(*) Strike out the useless mention.

 

The Product must be returned by the Customer no later than fourteen (14) days after notification of the decision to withdraw the Order. The Product must be returned in its original packaging and in perfect condition allowing it to be marketed again in new condition. Products that are damaged, soiled or incomplete will not be taken back.

The exercise of the right of withdrawal gives rise to a refund of the sums paid during the order or to an exchange (subject to availability) as soon as possible and at the latest fourteen (14) days from the date on which the right has been exercised provided that the Products subject to the withdrawal are actually received by CÈUCLE.

Reimbursement is made using the same means of payment as for the purchase which has not expired, unless better agreed between the parties.

Only the price of the products and the shipping costs will be reimbursed, the return costs being borne by CÈUCLE. To this end, a return form is sent by email by CÈUCLE to the customer who expressly requests it.

In case of payment by means of a credit note, the refund will be made by a new credit note.

Article 6 – Transfer of ownership

CÈUCLE remains the owner of the Products delivered until their full payment, principal, costs and taxes included, by the Customer.

The above provisions do not prevent the transfer to the Customer, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the Products subject to the reservation. property, as well as the risk of damage that they may cause.

Article 7 – Intellectual property

All the visual and sound elements of the Site, including the underlying technology used, are protected by copyright, trademark law and/or patents. These elements are the exclusive property of CÈUCLE.

Any person who publishes a website and wishes to create a direct hypertext link to the Site must request the prior written authorization of CÈUCLE, which may withdraw it at any time.

Any representation or reproduction, total or partial, of the Site and its content, by any process whatsoever, without the prior and express authorization of CÈUCLE, is prohibited and will constitute an infringement punishable by the law in force.

Acceptance of these T&Cs implies recognition by the Customer of CÈUCLE's intellectual property rights and a commitment to respect them.

Article 8 – Personal data

CÈUCLE collects and processes personal data concerning its Customers on the Site, including through cookies.

The data collected by CÈUCLE is used to process Orders placed on the Site, manage the Customer's account, analyze Orders.

The Customer's data is kept confidential by CÈUCLE, for the purposes of the contract, its execution and in compliance with the law.

The Customer may unsubscribe at any time by accessing his personal space or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.

The data may be communicated, in whole or in part, to CÈUCLE service providers involved in the Order process.

In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons at with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), CÈUCLE ensures the implementation of the rights of individuals concerned.

It is recalled that the Customer whose personal data is processed benefits from the rights of access, rectification, updating, portability and limitation and opposition to the processing of his data, in accordance with the laws and regulations in force. vigor.

The Customer may exercise these rights by sending an email or post to CÈUCLE, the contact details of which are explained in the Preamble.

The Customer also has the possibility of making a complaint to a competent authority, namely in France the CNIL.

Article 9 – Modification of the general conditions

These T&Cs apply to all purchases made on the Site, as long as the Site is available online.

The T&Cs are dated precisely and may be modified and updated by CÈUCLE at any time. The applicable GCS are those in force at the time of the Order. Changes to the T&Cs will not apply to Products already purchased.

The T&Cs that apply to a sale of Products are those reproduced in the confirmation email.

Article 10 – Force Majeure – Legal guarantees

10.1 Force Majeure

CÈUCLE's liability cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these GCS results from a case of force majeure.

There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation. by the debtor.

It is specified that, in such a situation, the Customer cannot claim the payment of any compensation and cannot bring any action against CÈUCLE.

In the event of the occurrence of one of the aforementioned events, CÈUCLE will endeavor to inform the Customer as soon as possible.

10.2 Legal warranties

As a consumer Customer, CÈUCLE is required to deliver products that comply with the contractual provisions and is liable in the event of a lack of conformity noted at the time of delivery.

The Products are considered to be in conformity with the contractual provisions if the following conditions are met:

(i) they must comply with the description presented and the main characteristics that we set out on the Site;

(ii) they must be suitable for the purposes for which such products are generally designed;

(iii) they must meet the quality and performance criteria which are generally accepted for products of the same type and which can reasonably be expected.

To the extent provided by law, all warranties are excluded, with the exception of warranties benefiting consumers, which cannot legitimately be the subject of any exclusion.

CÈUCLE guarantees consumers against lack of conformity and hidden defects for the products for sale on the Site.

It is recalled that the Consumer who decides to act as a legal guarantee of conformity:

- Benefits from a period of two years from the delivery of the property to act;

- Can choose between the repair and the replacement of the good, subject to the conditions linked to the cost, provided for in article L 217-9 of the Consumer Code;

- Is exempted from providing proof of the existence of the lack of conformity of the good during the twenty-four (24) months following the delivery of the good.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The consumer can decide to bring into play the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, the consumer can choose between the resolution of the sale and a reduction of the sale price, in accordance with article 1644 of the Civil Code.

Reminder of the provisions of the Consumer Code:

- Article L 217-4 of the Consumer Code: “ The good complies with the contract if it meets in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;

3° It is delivered with all the accessories and installation instructions, which must be supplied in accordance with the contract;

4° It is updated in accordance with the contract. »

- Article L 217-5 of the Consumer Code: “ I.- In addition to the criteria of compliance with the contract, the good is compliant if it meets the following criteria:

1° It is specific to the use usually expected of a good of the same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all the accessories, including the packaging, and the installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer can legitimately expect for goods of the same type, having regard to the nature property as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.

II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately in a position to know them;

2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; Or

3° That the public declarations could not have influenced the purchase decision.

III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented upon conclusion of the contract. »

- Article L 217-3 of the Consumer Code: “ (…) This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point for the prescription of the consumer's action is the day of knowledge by the latter of the lack of conformity. »

Reminder of the provisions of the Civil Code:

- Article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired, or would only have given a lesser price, if he had known them. »

- Article 1648 paragraph 1 of the Civil Code: “ The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

Article 11 – Applicable law – Resolution of disputes

These T&Cs as well as the relationship between the Customer and CÈUCLE are governed by French law.

In the event of a dispute between the Customer and CÈUCLE, the latter will endeavor to resolve it amicably (the Customer will send a written complaint to CÈUCLE).

In the absence of an amicable agreement or in the absence of a response from CÈUCLE within a reasonable period of one (1) month, the consumer Customer has the possibility of seizing free of charge, if a disagreement persists, a mediator registered on the list of mediators established by the Commission for the Evaluation and Control of Consumer Mediation pursuant to Article L.615-1 of the Consumer Code, namely the Federation of e-commerce and distance selling (FEVAD) .

If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and reach.