These general terms and conditions of sale apply to any purchase made by an Internet user / natural person (hereinafter the "CLIENT") on the cruzilles.fr website from CRUZILLES, SARL registered in the Clermont-Ferrand Trade and Companies Register under number 57B109, having its registered office at 226 avenue Jean Mermoz, 63000 Clermont-Ferrand,
Tel: 04 73 14 44 29, email: info@cruzilles.fr (hereinafter the "SELLER").
NAF activity code 1082 Z and VAT number FR 31 857 201 099
IMPORTANT
Any order placed on the SITE implies the CLIENT's unreserved acceptance of these terms and conditions of sale.
ARTICLE 1. DEFINITION
The terms used below have the following meanings in these General Terms and Conditions:
"CUSTOMER" : refers to the SELLER's co-contractor, who warrants that he/she is a consumer as defined by French law and jurisprudence. As such, it is expressly stipulated that this CLIENT is acting outside of any usual or commercial activity.
"DELIVERY" : refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the order.
"PRODUCTS" : refers to all products available on the SITE.
"TERRITORY" : refers to Metropolitan FRANCE, including Corsica (excluding DOM/TOM).
ARTICLE 2. PURPOSE
These General Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CLIENT is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
ARTICLE 3. ACCEPTANCE OF TERMS AND CONDITIONS
The CLIENT undertakes to read these Terms and Conditions carefully and to accept them, before proceeding with the payment of an order for PRODUCTS placed on the SITE.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, the latest version of said Conditions applying to all new orders for PRODUCTS.
By clicking on the button to place the order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4. OPENING AN ACCOUNT - PURCHASING PRODUCTS ON THE SITE
In order to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if a minor, be able to justify the agreement of his/her legal representatives.
The CLIENT will be asked to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the SELLER to process the CLIENT's order. If the CLIENT has created a customer account, he/she can check the status of his/her order on the SITE.
Tracking of DELIVERIES may, where applicable, be carried out using the online tracking tools of certain carriers.
The CLIENT may also contact the SELLER's sales department at any time by e-mail at info@cruzilles.fr to obtain information on the status of his order.
The information that the CLIENT provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his/her identity, eligibility and the information provided.
ARTICLE 5. ORDERS
Article 5.1 Product characteristics
The SELLER endeavors to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Terms and Conditions).
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular according to the constraints of its suppliers.
Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Article 5.2. Order procedure
PRODUCT orders are placed directly on the SITE. To place an order, the CLIENT must follow the steps described below
5.2.1. PRODUCT selection and purchase options
The CLIENT must select the PRODUCT(S) of his/her choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, it is placed in the CLIENT's shopping cart. The CLIENT may add as many PRODUCTS as he/she wishes to his/her basket.
5.2.2. Commands
Once the PRODUCTS have been selected and placed in the shopping basket, the CLIENT must click on the basket and check that the contents of the order are correct. If the CLIENT has not already done so, he/she will then be invited to log in or register.
Once the CUSTOMER has validated the contents of the shopping cart and has identified/registered, an automatically completed online form will be displayed, summarizing the price, applicable taxes and, where applicable, delivery charges.
The CLIENT is invited to check the content of its order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CLIENT may then proceed with payment for the PRODUCTS by following the instructions on the SITE and providing all the information required for invoicing and DELIVERY of the PRODUCTS.
For PRODUCTS for which options are available, these specific references appear when the right options have been selected.
Orders must include all the information required to process the order.
The CLIENT must also indicate the delivery method chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the order acknowledgement is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated via the registration form is correct.
The SELLER does not send order confirmations by post or fax.
5.2.4. Billing
During the ordering process, the CUSTOMER must enter the information required for invoicing (the sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
In particular, the CLIENT must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address.
The CLIENT must then specify the chosen method of payment.
Neither the order form drawn up online by the CLIENT, nor the acknowledgement of receipt of the order sent by the SELLER to the CLIENT by e-mail, constitute an invoice. Regardless of the method of order or payment used, the CLIENT can edit his invoice directly in his customer account.
5.3. Order date
The order date is the date on which the SELLER acknowledges online receipt of the order. The lead times indicated on the SITE only begin to run from this date.
5.4. Prices
For all PRODUCTS, the CLIENT will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
In particular, prices include value-added tax (VAT) at the rate applicable on the order date. Any change in the applicable rate may have an impact on the price of the PRODUCTS from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except for gross errors. The applicable price is that indicated on the SITE on the date the order is placed by the CLIENT.
5.5. Availability of PRODUCTS
Depending on the PRODUCT concerned, the SELLER applies "just-in-time" inventory management. Consequently, depending on the case, the availability of PRODUCTS depends on the SELLER's stocks.
The SELLER undertakes to honour orders received subject to the availability of the PRODUCTS.
The unavailability of a PRODUCT is normally indicated on the page of the PRODUCT concerned.
CLIENTS may also be informed of a PRODUCT's restocking by the SELLER.
In any event, if unavailability was not indicated at the time of ordering, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the CUSTOMER's request :
Or offer to ship all PRODUCTS at the same time as soon as out-of-stock PRODUCTS become available again,
Or proceed with a partial shipment of the available PRODUCTS initially, and then with the shipment of the rest of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,
Or propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel its order for unavailable PRODUCTS, it will obtain a refund of all sums paid for unavailable PRODUCTS, without delay and at the latest within 30 days of payment.
ARTICLE 6. RIGHT OF WITHDRAWAL
The terms and conditions of the right of withdrawal are set out in the "Withdrawal Policy", which is available in Appendix 1 hereto.
ARTICLE 7. PAYMENT
7.1. Payment methods
The CLIENT may pay for PRODUCTS online on the SITE using the means proposed by the SELLER.
The CLIENT guarantees the SELLER that he/she holds all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
It is hereby specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Payment date
In the case of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS are ordered on the SITE.
If the CLIENT decides to cancel its order for unavailable PRODUCTS, reimbursement will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.
7.3. DELAY OR REFUSAL OF PAYMENT
If the bank refuses to debit a card or other means of payment, the CLIENT must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
In accordance with article 1348 of the French Civil Code, the SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
The CUSTOMER may at any time access the data listed in his or her customer account, and may obtain any information concerning this data from Customer Services.
Order forms and invoices are archived in compliance with the General Data Protection Regulation (RGPD). To find out more, see our Privacy Policy page.
In particular, the CLIENT will be able to delete his or her personal data from his or her customer account.
ARTICLE 9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until full payment has been received from the CLIENT.
The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by the CLIENT, or by a third party designated by the CLIENT other than the carrier, of the risks of loss or damage to the PRODUCTS subject to retention of title, as well as the risks of damage they may cause.
ARTICLE 10. DELIVERY
The terms of DELIVERY of PRODUCTS are set forth in the "Delivery Policy" referred to in Appendix 2 hereto.
ARTICLE 11. PACKAGING
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CLIENTS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - Withdrawal Policy.
ARTICLE 12. WARRANTIES
12.1. Warranty of conformity
The SELLER is obliged to deliver a PRODUCT that is in conformity, i.e. fit for the use expected of a similar good and corresponding to the description given on the SITE. This conformity also implies that the PRODUCT has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the SELLER, including in advertising and on labelling. In this context, the SELLER is liable for defects in conformity existing at the time of delivery, and for defects in conformity resulting from packaging when the latter has been made his responsibility or has been carried out under his responsibility.
Any action resulting from a lack of conformity must be brought within 2 years of delivery of the PRODUCT.
In the event of lack of conformity, the CUSTOMER may request replacement or repair of the PRODUCT, at his or her option. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CLIENT.
In the event that a replacement is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address: CRUZILLES SARL, 226 avenue Jean Mermoz 63000 CLERMONT-FERRAND.
12.2 Warranty for hidden defects
The SELLER is liable for hidden defects in the PRODUCT sold which render it unsuitable for its intended use, or which impair such use to such an extent that the CUSTOMER would not have purchased it, or would have paid a lower price for it, had he been aware of them.
This warranty allows the CLIENT, who can prove the existence of a hidden defect, to choose between reimbursement of the price of the PRODUCT if it is returned, and reimbursement of part of its price if the PRODUCT is not returned.
In the event that a replacement is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address: CRUZILLES SARL, 226 avenue Jean Mermoz - 63000 CLERMONT-FERRAND.
Any action arising from latent defects must be brought by the CLIENT within 2 years of discovery of the defect.
ARTICLE 13. LIABILITY
The SELLER may not be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CLIENT, in particular during order entry.
The SELLER may not be held liable, or considered as having failed to comply with the present contract, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.
It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, the SELLER accepts no liability for the information published on these sites. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.
ARTICLE 14. PERSONAL DATA
On the SITE, the SELLER collects personal data concerning its Customers, including by means of cookies. CUSTOMERS may deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidentially by the SELLER, for the purposes of the contract, its execution and in compliance with the General Data Protection Regulation (RGPD).
CLIENTS may unsubscribe at any time by accessing their account or by clicking on the hypertext link at the bottom of each offer received by e-mail.
Data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. The SELLER does not transfer the names and contact details of its CUSTOMERS to various commercial partners.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the CLIENT has the right to access, rectify, oppose and delete personal data. This right may be exercised by sending an e-mail to info@cruzilles.fr or by sending a letter to : CRUZILLES SARL, 226 avenue Jean Mermoz 63000 CLERMONT-FERRAND.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
ARTICLE 15. CLAIMS
The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: 04 73 14 44 29. (Toll-free number).
Any written complaint from the CLIENT must be sent to the following address: CRUZILLES SARL, 226 avenue Jean Mermoz - 63000 CLERMONT-FERRAND.
ARTICLE 16. INTELLECTUAL PROPERTY
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from the SELLER in writing.
This authorization by the SELLER will in no case be granted on a permanent basis. This link must be removed at the SELLER's request. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
ARTICLE 17. VALIDITY OF THE GENERAL TERMS AND CONDITIONS
Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions, shall not affect the validity of these General Terms and Conditions. Any such modification or decision shall in no way authorize CLIENTS to disregard these General Terms and Conditions.
Any terms and conditions not expressly dealt with herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.
ARTICLE 18. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
The present Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order.
Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
ARTICLE 19. JURISDICTION AND APPLICABLE LAW
These General Terms and Conditions and the relationship between the CLIENT and the SELLER are governed by French law.
In the event of a dispute, the French courts shall have exclusive jurisdiction.
However, prior to any recourse to the arbitral or state courts, negotiation will be preferred in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute arising in connection with the present contract, including those concerning its validity.
The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If the parties fail to reach agreement within 15 days, the dispute will be referred to the competent court designated below.
Throughout the negotiation process and until its conclusion, the parties agree to refrain from taking any legal action against each other in connection with the dispute under negotiation. By way of exception, the parties are authorized to bring an action before a court of summary jurisdiction or to apply for an order on petition. Any action brought before a court of summary jurisdiction or the implementation of a petition procedure does not imply any waiver of the amicable settlement clause on the part of the parties, unless they expressly wish otherwise.
APPENDIX 1
WITHDRAWAL POLICY
The principle of withdrawal
As a matter of principle, the CLIENT has the right to return or restitute the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and no later than 14 days following communication of his decision to withdraw.
Withdrawal period
The withdrawal period expires 14 calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
If the CLIENT's order covers several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires 14 days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT.
Notification of right of withdrawal
To exercise his right of withdrawal, the CLIENT must notify his decision to withdraw from this contract by means of an unambiguous statement to : CRUZILLES SARL, 226 avenue Jean Mermoz 63000 CLERMONT-FERRAND or info@cruzilles.fr
They can also use the form provided in their customer account.
In order for the withdrawal period to be respected, the CLIENT must transmit his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs, without undue delay and, in any event, no later than 14 days from the date on which the SELLER is informed of the CLIENT's wish to withdraw.
The SELLER will make the refund using the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means. In any event, this refund will not incur any costs for the customer.
The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever comes first.
Return policy
The CLIENT shall, without undue delay and, in any event, no later than 14 days after communication of its decision to withdraw from this contract, return the goods to : CRUZILLES SARL, 226 avenue Jean Mermoz 63000 CLERMONT-FERRAND.
This period is deemed to have been respected if the CLIENT returns the goods before the fourteen-day period has expired.
Return shipping costs
The CLIENT shall bear the direct cost of returning the goods.
Condition of returned goods
The PRODUCT must be returned according to the SELLER's instructions in its original condition and packaging. All opened products cannot be returned.
The PRODUCTS are packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CLIENTS must comply with the same standards when returning PRODUCTS. In this respect, the CLIENT is invited to return any PRODUCT that does not suit him/her in its original packaging and in good condition, suitable for remarketing.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
Supply of goods likely to deteriorate or expire rapidly
Supplies of sealed goods that cannot be returned for health or hygiene reasons and that have been unsealed by the CLIENT after DELIVERY.
APPENDIX 2
DELIVERY POLICY
Delivery zone
The PRODUCTS offered can only be delivered within the TERRITORY.
It is impossible to place an order for any delivery address outside this TERRITORY.
PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the order process.
Shipping time
The time required to prepare an order and issue an invoice, before dispatching PRODUCTS in stock, is generally 48 hours. These times do not include weekends or public holidays.
Delivery times & costs
During the ordering process, the SELLER indicates to the CLIENT the possible delivery times and shipping methods for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
Delivery times and costs are detailed on the SITE.
DELIVERY TERMS
The parcel will be delivered to the CLIENT against signature and on presentation of proof of identity at a post office or parcel relay.
In the event of absence, a delivery notice will be left for the CLIENT to pick up the parcel at the post office.
DELIVERY problems
It is specified that deliveries will be made within a maximum of 30 days. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable period, and in the event of non-delivery within this period, the CUSTOMER may cancel the contract.
The SELLER will refund the total amount paid for the PRODUCTS, including taxes and delivery charges, to the CLIENT without undue delay after receipt of the letter of cancellation, using the same method of payment used by the CLIENT to purchase the PRODUCTS.
The SELLER is responsible until delivery of the PRODUCT to the CLIENT. It is reminded that the CLIENT has a period of 3 days to notify the carrier of any damage or partial loss noted at the time of delivery.
