Terms and Conditions
1. ObjectPlease read these Terms and Conditions carefully before using this website. They are meant to specify the conditions in which a person, natural or legal (hereafter called “the Client”), buy the goods and services provided by the company Rivierre SARL (hereafter called www.clous.eu) on its website www.clous.eu, specialized in the selling of nails and related products.
2. DefinitionsClient : A natural or legal person, buying something from Rivierre SARL through its site www.clous.eu
Access code : login (email adress) and password that the Client provides when he created his profil on www.clous.eu. Access codes allow the Client to access his profil.
Proposition : In accordance with the regulation in force, www.clous.eu offers to the Client a proposition, based on the nails and products he has selected on the site and placed in his cart.
Goods and services : all the goods and services offered by Rivierre on its site www.clous.eu
3. Order3.1 Ordering
The order is made on the site www.clous.eu
The Client select the Goods and Services he wants by placing them on his cart. Prices indicated on the order are guaranteed for 10 days after the said order, except for limited promotional offers.
3.2 Finalizing the order
The Client declares having read and accepted these Terms and Conditions before he finalizes his order. The finalization of the order induce the acceptation of the prices and the relevant Terms and Conditions.
The order is validated when the Client click on the « Purchase » block at the end of the ordering process. By clicking on this block, the Client agrees to the totality of its order.
The order is definitive when it’s accepted by www.clous.eu, who notifies its acceptance by sending a confirmation email to the Client (at the address the Client specified when he registered). The confirmation of the order is subject to the agreement of the bank payment centres, and to all legal dispositions about distance selling.
3.3 Modifying the order
Subject to the rules and legislations in force, orders are final and irrevocable. Any modification by the Client is subjected to the acceptance of www.clous.eu.
www.clous.eu allows itself to refuse an order for legitimate reasons and in particular for the following :
· Ordered quantities are abnormally high in comparison with quantities normally ordered by the Clients as users.
· A litigation or an issue is currently opposing www.clous.eu to the Client, in particular if the last hasn’t paid for his previous orders.
Offers are available as long as they are posted on the site, within the limits of available stocks and except for limited promotional offers clearly identified on the site.
4. Client’s obligations
When he buys a product from the site www.clous.eu, the client represents that he is legally able to accept these Terms and Conditions and affirms that he is of legal age to form a binding contract.
The Client must check the exactitude and the accuracy of the data he gives when he creates his profile and when he passes an order.
The Client commits himself not to give his access codes to anyone. He agrees that any operation made on the site with his account are his responsibility.
www.clous.eu tries to use only photos that faithfully replicate its products. However, the Client is informed that according to the computer or numeric tools he uses to see the said photos, some changes may appear, in particular in the colours. The Client accepts that the photos of the site are not contractual. The conformity of an ordered product must be appreciated according to its model, colour, size and any technical information specified in the order validated by the Client.
The Client acknowledge that all the technical specifications related to a product sold on www.clous.eu are those provided by the supplier of www.clous.eu.
5. Price, payment methods and invoice5.1 Price
The price of a product is the one indicated on the site www.clous.eu at the date and time when the order was validated.
Prices are in Euros. They are always meant taxes included.
They include delivery fees for metropolitan France, Monaco, Belgium and Luxembourg.
The commercial proposition made according to the legislation in force and to those Terms and Conditions presents the products chosen by the Client and put in his cart, with their prices and characteristics. The said proposition is guaranteed for ten days after its publication, except for limited promotional offers.
5.2 Due payment
The payment is due when te order is validated by the Client.
The Client represents that he is fully able to use the payment method he chose to pay his order according to those Terms and Conditions.
The payment method must give access to enough founds to cover the due price.
5.3 Payment methods
The payment can be made by
· Credit card : Visa, Mastercard, American Express
The Client’s bank account will be debited when the order is validated. The order will be considered definitive and effective after the bank payment centres confirm the transaction.
www.clous.eu informs the Client that banking operations are made by an independent third party who guarantees the security of all data.
· Invoice : cheque
The Client must send a cheque to Rivierre SARL – 6, rue des Usines 60100 Creil – France. The order will be definitive when www.clous.eu receives and cashes the cheque.
This payment method is only available and offered for some countries.
When the order is confirmed, an invoice is created. It contains all the legal components of an invoice and is delivered to the Client with its products.
5.5 Payment delay or absence of payment
www.clous.eu allows itself to hold the sending of an order or to cancel it if the amount due is not paid for any reason. In that case, www.clous.eu will inform the Client by sending him an email.
6. Delivery6.1 Disponibility
if the product is not available when the order is passed, the Client will be informed by mail. Its order will be automatically cancelled and he will be reimbursed as soon as possible if his accound had been debited.
Goods and Services bought on www.clous.eu are delivered free of charge in metropolitan France, Monaco, Belgium and Luxembourg.
Delivery fees for other countries are detailed in the Shipping and Charges page of the site.
Goods and Services are delivered to the delivery address provided by the Client when he passed his order.
6.3 Delivery delay
The Goods and Services are delivered within five business days after the order is made definitive according to those Terms and Conditions.
The delivery is considered as done when the Goods and Services are presented to the Client by the carrier (National Post or specialized carrier).
If the Client orders several products that have different delivery delays, www.clous.eu allows itself to split the order into several deliveries.
6.4 Delay in delivery
If there is a delay in delivery, the Client should contact the customer service of www.clous.eu by phone or mail..
In case of a delay, attributable to www.clous.eu , of more than seven business days after the normal delivery delay, the Client can cancel his order, within sixty business days, according to the legislation in force.
If the Client received his order after he cancelled it, he can send it back and ask for a reimbursement. www.clous.eu will reimburse him the amount of the order and the return fees, within thirty business days after reception of the products, in their entirety and in their original state. If not, no reimbursement shall be done.
In case of a damage during the transport (i.e. damaged or opened package), the Client must refuse the delivery or ask for an attestation of damage from the carrier.
If the Client accept the delivery, he can still notify his objections to the carrier and to www.clous.eu within three business days after the delivery. These objections must be send by registered letter with acknowledgement of receipt.
7. Guarantee « 100% Satisfied or reimbursed »The Client can exercise the « 100% satisfied or reimbursed » clause within thirty days after he received his Goods and Services.
The reimbursement shall be done according to the article 9 of those Terms and Conditions.
8.1 Right to withdrawal
8. Right to withdrawal and legal guarantees
According to the legal disposition in force, the Client can exercise his right to withdrawal within seven days after he received his Goods and Services. This withdrawal must be signified to www.clous.eu, who can’t ask for any justification nor penalty fees.
This period of seven days in included within the period of thirty days of the « 100% satisfied or reimbursed » clause of www.clous.eu
The right to withdrawal must be expressed according to the article 9 of those Terms and Conditions.
In the case that the Client exercises his right to withdrawal after the period of seven days after the delivery, only the price of the Goods and Services would be reimbursed. The costs of return stay at the Client’s charge.
According to the legislation in force, and in particular to the article L. 121-20-2 of the Consumer Code, the right to withdrawal can’t be exercise for the Goods and Services made according to the specifications of the Client or clearly customized.
8.2 Legal guarantees
According to the legislation in force relative to the conformity of the goods (articles L. 211-4 et L. 211-5 of the Consumer Code), www.clous.eu will reimburse the products clearly and obviously defective or that not match the order of the Client.
The Client acknowledges that the conformity of a product shall be appreciated by its model, colour, size and other technical characteristics specified in the order. The photos of the site are not contractual.
The Client also benefits from the legal guarantee on the hidden defects according to the articles 1641 and following of the Civil Code.
The return of the products for reimbursement shall be done according to the article 9 of those Terms and Conditions.
9. Return and reimbursementA claim for reimbursement, whatever the reason is, must be sent to “www.clous.eu - 6, rue des Usines 60100 Creil - France”. It must specify the references of the Client (name, address) and the order (number of order) and include the invoice relative to the order.
Products must be sent back to www.clous.eu at this address : “www.clous.eu - 6, rue des Usines 60100 Creil – France” within the deadline applicable for the reason of the return, according to those Terms and Conditions.
www.clous.eu advises the Client to use a registered letter with acknowledgement of receipt for all its claims of reimbursement and/or return, in order to be sure it has been received by www.clous.eu. In the case of a litigation, it is the Client’s responsibility to prove that the letters and packages have been received by www.clous.eu.
www.clous.eu will never proceed to a reimbursement before having received the litigious product with all the components listed below :
· The product(s) in the same state as it was received by the Client, with all its components (original packaging, accessories, instructions, etc). Any product presenting signs of an utilisation beyond a simple test will not give right to a reimbursement.
· The matching invoice.
· Banking information (RIB) about the account to be credited.
If at least on of those elements is missing, www.clous.eu allows itself to cancel the reimbursement, without engaging its responsibility.
Only the price of the Products will be reimbursed. Return costs stay at the charge of the Client if he exercises the « 100% Satisfied or Reimbursed » clause or his right to withdrawal.
The reimbursement of the Client will be done at the latest thirty days after the reception of the reimbursement claim by www.clous.eu
10. Responsability - Force majeurewww.clous.eu can’t be held liable if the contract is not or poorly executed due to :
· The buyer himself
· the unpredictable and insurmountable act of a third party
· A case of force majeure, as defined in the article 1148 of the Civil Code, and as recognized by the case-law of the French courts of justice.
www.clous.eu respects the french fiscal legislation regarding VAT and customs duties.
If the Client is not subject to these rules, he and only he, is responsible for paying all the taxes and customs duties imposed by foreign legislation he is subjected to. www.clous.eu can’t be held liable for it.
11. Cancellation clauseThe order can be cancelled by a simple e-mail, without any judicial formality, in the case that the Client doesn’t pay the amount of his order.
12. Convention of proofswww.clous.eu and the Client mutually agree that all the operations and data, as the identification data, dates, contents, etc, coming from the automatic recording systems of the site www.clous.eu will be eligible and will prevail between the Parts in case of a litigation. They will constitute hard evidences of all the operations and transactions made by the Client on the site www.clous.eu. The same can be applied to the commercial proposition made and kept by the computer-based system of www.clous.eu
The Client acknowledges that some of his personal data must be given to www.clous.eu in order to execute the contract and to improve its business relations.
13. Personal data
The data processing is made by : “Rivierre SARL – 6, rue des Usines – 60100 Creil – France” which is the only one which can be held responsible for it.
www.clous.eu will use those data to complete the order of the Client. They can be transferred to third-parties as companies that contribute to the commercial relations and to the execution of the order (payment, delivery, etc). Those data are also kept for safety reasons, in order to implement legal obligations.
Personal data can also be used by www.clous.eu in order to improve its services, inform the Client about other products similar or close to those of www.clous.eu
www.clous.eu can propose to the Client the choice to receive :
· Information and commercial propositions from www.clous.eu about its partners, through e-mails.
· Information and offers sent directly by its commercial partners.
According to the law n° 78-17 of January 6th, 1978 modified and called « Informatique et Liberté », this personal data processing has been declared by www.clous.eu at the CNIL.
According to the article 34 of the law n° 78-17 of January 6th, 1978 modified, any person can access, modify, correct and suppress any date about him.
To exercise this right, the Client must send a written request (précising his email address, name, first name and object “exercice droit CNIL”) to : “www.clous.eu - Service Données à caractère personnel - 6, rue du Haut de Villevert - 60300 Senlis - France” or by email at firstname.lastname@example.org
To pay attention to the needs of our clients, cookies can be used on the site www.clous.eu. A cookie is meant to indicate the passage of users on the site. It doesn’t give the possibility to identify and name a person.
14. GeneralitiesThe version of these Terms and Conditions is the one at the date the order is validated by the Client. www.clous.eu can modify those Terms and Conditions at any time.
15. Intellectual propertyThe brand www.clous.eu, the concept, the contents, the lay-out, the structure, the source codes and programming codes, the pictures, photos, texts, data, music or any other element of the site www.clous.eu are the property exclusive of Rivierre SARL. They are protected by the Copyright and intellectual property laws.
Copying, reproducing or printing a part or the totality of those elements is only allowed in order to help the Client prepare his order. Any copy, reproduction or hard print for any other reason is forbidden.
All the brands, company names and distinctive signs reproduced on this site are protected by the brand laws. Reproducing or copying a part or the totality of those elements is strictly forbidden without a written authorization by Rivierre SARL .
16. Law and litigationThis contract abide by the French Law.
In case of a litigation, only French justice courts are able to rule.
Date of those Terms and Conditions : February 16th, 2014