ARTICLE I - Scope
"The online shop “Cultureindoor.com” was performed and operated by the company C.I.S. These Terms of Sale apply, without restriction and unconditionally to all sales made by the company C.I.S with non-professional buyers wishing to purchase the products offered for sale by the Seller on its website cultureindoor.com These conditions apply to the exclusion of all other conditions, including those applicable to in-store sales, or through other distribution channels and marketing. These Terms of Sale are available at any time on this website and prevail, if any, on any other version or any contradictory document. Unless proven otherwise, the data recorded by the company C.I.S constitute proof of all transactions.
Pursuant to Article L.111-1 of the Consumer Code, the content of “Cultureindoor.com” enables, before the conclusion of an order, the customer to know the essential characteristics of the selected products. C.I.S will not be held responsible for any visual change of a product by the manufacturer. The product offerings agree within the limits of available stocks. The information on the availability of products is provided at the time of placing the order. The changes of these Terms of Sale are binding on users of the website after they are posted and may not apply to transactions concluded before. The validation of the order by the buyer constitutes the acceptance of these Terms of Sale."
ARTICLE 2 - Right of withdrawal
"The Purchaser has, in accordance with Article L. 121-20 of the Consumer Code, a withdrawal period of 14 working days from the delivery of the products to return them to the Seller for exchange or refund, provided that the goods are returned in their original packaging and in perfect condition within 14 working days from the delivery. The items damaged, soiled or incomplete will not be refunded or exchanged. Return costs are the sole responsibility of the Buyer. The products returned must be accompanied by the invoice. The exchange (subject to availability) or refund will be made within 15 working days from receipt by the Seller of items returned by the Buyer. Only German customers enjoy a return charge paid by the supplier in accordance with German law."
ARTICLE 3 – Order validation
"The Customer must select on the website the products they wish to order. Any order signed by the client by “double click” constitutes an irrevocable acceptance which can be challenged only in the limited cases in these Terms of Sale as the right of withdrawal and out of stock. According to the law of March 13rd 2000 about electronic signature, from the moment when the client registers its order or “double clicks” on any purchase order, the customer’s order is considered accepted knowingly and irrevocable, on prices, volumes and quantities. The “double click” associated with the authentication and non-repudiation and integrity protection of messages is an electronic signature. This electronic signature has value between C.I.S and its customer as handwritten signature. The acceptance of order is subject of the payment and collection of it in its entirety. In case of cancellation of the order by the Customer after its acceptance by the Service, for any reason other than force majeure, an amount equal of 10% of the total bill will be acquired by the Contractor, as damages, for compensation for the damage suffered."
ARTICLE 4 - PRICE
"The products are supplied at the rates in effect on the website, during the registration of the order by the Seller. Prices are in Euros and VAT incl. (all taxes included). These prices are firm and not subject to revision during their period of validity, as shown on the Seller’s website. They do not include the cost of processing, shipping, transportation and delivery, which are charged extra. An electronic invoice is issued by the Seller and sent to the client on the email address provided to the Seller. C.I.S reserves the right to cancel any order for which prices would be erroneous as a result of a computer bug, hacking, entry error or other internal or external malice to the society. C.I.S will be required to notify the customer, to cancel the order and make any necessary repayment. If you find an error, please contact us by email at firstname.lastname@example.org (**) The prices per liter and kilogram are shown exclusive of promotional price."
ARTICLE 5 - Payment
"The price is payable in full on the day of placing the order by the Buyer. To pay the order, C.I.S offers to the buyer different modes of payment specified in the order, namely: Secure payment with credit card, Paypal, money order. Payments by credit card will be debited at the time of placing the order. Any order paid by money order will be processed upon receipt of payment. The periods of availability and shipping must be recalculated from the date of receipt of payment. The company C.I.S reserves the right to suspend any order and any delivery in case of refusal to authorize the payment by credit card by officially certified organization. C.I.S reserves the right to refuse to make a delivery or an order from a customer who has not fully or partially paid a previous order or with who a payment dispute is currently under administration. C.I.S cannot be held responsible for any misconduct or fraudulent use by any ways of payment that would not have been detected by the verification procedure. C.I.S retains full ownership of the goods sold until full receipt of all sums owed by the customer under its control, including fees and taxes. The transfer of ownership of property purchased by the C.I.S customer to a third party will not be supported by the company C.I.S. Only the original purchaser of the property can claim access provisions of these Terms of sale."
ARTICLE 6 - Immediate discount
"From the first purchase and for any other order exceeding the thresholds, the customer will receive an immediate discount: -5% discount from 100€ purchase -7.5% discount from 500€ purchase -10% discount from 750€ purchase -15% discount from 1000€ purchase -20% discount from 3000€ purchase The total of the orders (excluding shipping charges) are cumulative and the customer will receive the corresponding discount to the bearing then crossed. The customer loses the loyalty discount if no order is placed for a period of one year."
ARTICLE 7 - Shipping / Delivery
"The shipping times depend on the type of payment used by the client, the preparation of the order starting only upon receipt and cashing of payment. The products acquired by the Buyer will be shipped in France metropolitan within a maximum of 3 working days to the address indicated by the Buyer during his order on the website, subject to stocks available. In case of unavailability of an ordered product, notably due of our suppliers, the buyer will be informed at earliest and will have the possibility to cancel his order. The buyer will have the choice of requesting either a refund of the sums paid within maximum 15 days after the payment, or an exchange of product of equivalent characteristics and price, if C.I.S is able to procure it. In case of impossible exchange, C.I.S reserves the right to cancel the customer’s order and refund the sums paid. The information on the availability of products being transmitted by our suppliers, the unavailability of the product cannot engage the responsibility of C.I.S nor give entitlement to damages and interests for the customer. Except particular case or unavailability of one or several products, the ordered products will be delivered in once. All deliveries are made by an independent carrier. - For France metropolitan, Corse and Monaco: delivery in 24h by Chronopost for all order under 50kg, delivery in 2 to 3 business days by carrier for order over 50kg. - For DOM/TOM: delivery in 4 to 8 business days by Coliposte. - For overseas: delivery from 5 days depending on the country, by Chronopost or Coliposte under 50kg and independent carrier over 50kg. The delivery of heavy and bulky items will be made by independent courier. The Seller undertakes to use its best efforts to deliver the goods ordered by the Purchaser within the time specified above. However, these times are provided for information only and any overrun will not give entitlement to any damages, withholding or cancellation of the order by the Buyer. However, if the goods ordered have not been delivered within 15 days after the started delivery date for any reason other than force majeure, the sale may be canceled at the written request of the Buyer or Seller. The sums paid by the Buyer will be refunded promptly, excluding any compensation or retention. The delivery is done when the ordered products is given by the Seller to the carrier. In case of specific request of the Purchaser on the packaging or transportation conditions of products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific billing, on estimate previously agreed in writing by the Buyer. The products are delivered to the address specified by the customer on the order form. The customer must verify the completeness and compliance of the information provided to C.I.S. C.I.S cannot be held responsible for any data entry errors and the consequences in terms of delays of misdelivery. In this context, all costs incurred for the reshipment of the order will be entirely borne by the customer. C.I.S cannot be held responsible for delays in delivery due to errors or disruptions due to carriers (total or partial strike of postal services and transports and/or communications services). The customer must check the condition of packaging and contents of the goods on delivery. Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged parcel, broken product…) must be indicated on the receipt of the travel voucher as “significant and complete handwritten reserves”, accompanied by the signature of the customer, and this in the presence of the deliveryman. In the case of a dispatch by Post, if the package arrives damaged or opened, it is essential that the customer make the postman or post office which he belongs a “damage report” (Report n°170) so that C.I.S can open an investigation and compensation procedure. The customer must confirm this problem by sending the carrier within two (2) business days following the delivery a registered mail with acknowledgment stating such claims. The customer must notify simultaneously C.I.S by sending a copy of this mail (with the original “damage report” if applicable) at: CULTURE INDOOR 32 rue de la REGALLE 77181 COURTRY, France; or by email at email@example.com within 2 business days. After this period or failing to comply with these formalities, no claim can be validly accepted by the Seller."
ARTICLE 8 - Delivery errors - Non-compliant products
"The customer must make any claim of errors of delivery and/or non-conformity of goods in kind of in quality compared to the indication on the order, to the society C.I.S on the same day of delivery or later than the first business day following the delivery. Any claim made after this time will be rejected without recourse. Any claim from the company CIS can be made: - By email at: firstname.lastname@example.org - By phone at +0033 (0)164212000 from Monday to Friday from 09:30 to 12:30 and 14:00 to 17:00 (2 to 5pm). Any claim not made in the rules defined above and within the time limits could not be taken into account and release the company C.I.S from liability toward the customer. The return of a product can take place only after permission of C.I.S. Any product for exchange or refund must be returned within 8 working days after receiving the agreement of return by the company C.I.S in its entirely (including guides and accessories) and in its original packaging in perfect condition, by parcel with insurance covering the value of the products returned to the following address: C.I.S - 32 Rue de la Regalle -77181 Courtry, France. To be accepted, any return will be reported to the Customer Service of the company C.I.S. The Return Form printed should be put inside the package. The shipping fees advanced by the customer will be reimbursed by the company C.I.S (with the receipts and in limit of one cost of registered parcel), except in cases where it would prove that the product returned does not match with the original declaration made by the client in the Return Form. Failure to comply with the above procedure, no claim for nonconformity or defect of goods delivered will be accepted."
ARTICLE 9 - Transfer of Ownership -
Transfer of Risks The transfer of ownership of the Seller’s products, to the benefit of the Purchaser, will be made only after full payment by the latter, and regardless of the date of delivery of the products.
ARTICLE 10 - Responsibility of the Seller - Warranty
"The products supplied by the Seller have, in accordance with legal provisions: -The legal guaranty of conformity, -The legal guaranty against hidden defects from faulty material, design or manufacturing defects affecting the delivered products and making them unfit for use, -The manufacturer warranty, depending on the brand and product concerned. All warranties are excluded in case of misuse, carelessness or lack of maintenance by the Buyer, as well as in case of normal usury, accident or force majeure and the Seller’s warranty is limited to replacement or refund of nonconforming or defective products To enforce its rights, the Purchaser shall, under penalty of forfeiture of any action relating thereto, notify the Seller in writing of the existence of defects within a maximum period of 8 days after their discovery. The seller will repair or place the products or parts found to be defective under warranty. The products sold on the website comply with the regulations in force in France. The seller shall not be liable for any failure to comply with the legislation of the country in which the products are delivered; it is the Buyer who must verify. The pictures and illustrations accompanying the products on the website do not have a contractual value and is therefore not under the responsibility of the Seller. The Buyer is the only responsible for the choice of products, their storage and use. The Seller shall not be held responsible or failing for any delay or failure to perform due to the occurrence of a force majeure usually recognized by French law. All electrical equipment provided in kit must be connected by a qualified electrician. The responsibility of C.I.S in no event shall be held in case of non compliance with these terms of installation."
ARTICLE 11 - No partial validation
If one or several stipulations of these terms of sales are held for non-valid or declared as such in application of a law, of a regulation or following a definitive decision of a competent jurisdiction, the other stipulations keep all their force and their reach.
ARTICLE 12 - Computers and Freedom
"Under the law 78-17 of January 6th 1978, it is reminded that the personal data requested to the Buyer is required to process the order and invoicing, among others. The processing of the information communicated through the Seller’s website has been made the subject of a declaration to the CNIL. The purchaser has, in accordance with national and European regulations applicable, a permanent right of access, modification, rectification and opposition regarding the information about him."
ARTICLE 13 - Intellectual Property
"The content of the website is the property of the Seller and its partners and is protected by French and International laws on intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement. In addition, C.I.S remains the owner of all intellectual property rights to the designs, drawings, models, prototypes, etc… made (even at the request of the Client) for the provision of services to the Client. The customer therefore is prohibited of any reproduction or use of the designs, drawings, models, prototypes, etc… without the express, prior written consent of C.I.S that can condition to a financial consideration."
ARTICLE 14 - Applicable law - Language
"By express agreement between the parties, this agreement is governed by and subject to French Law. It is written in French language. In cases where it is translated into one or several languages, the French version will prevail in case of dispute."
ARTICLE 15 - DISPUTES
All disputes arising from this contact, concerning its validity, interpretation, execution, termination, their consequences and aftereffects, will be submitted to the competent courts in the common law conditions. In case of dispute with professionals and/or merchants, the Commercial Court will be the one of the location of the headquarters of the company C.I.S.
ARTICLE 16 - Acceptance of the Buyer
The fact for a natural (or legal) person to order on the website of the Seller implies full acceptance of these Terms of Sale, which is specifically recognized by the Purchaser, who renounces, in particular, to invoke any contradictory document, which would be unenforceable against the Seller.