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CLOUS.EU : a large selection of nails, tacks and round shaft nails made in France, with competitive prices without hidden cost. An irreproachable quality.
Terms and Conditions
General Terms and Conditions
1. Subject of the Contract
These General Terms and Conditions (hereinafter referred to as "GTC") aim to define the conditions under which an individual or legal entity (hereinafter referred to as "the Customer") purchases products and services provided by the company Rivierre Sàrl (hereinafter referred to as "www.clous.eu"), through its website www.clous.eu specialized in online nail sales.Only these GTC are applicable to orders placed on the website www.clous.eu. The Customer declares to have read these conditions before placing the order and to have accepted them without reservation.
2. Definitions
Customer: an individual or legal entity that enters into a purchase contract with Rivierre through the website www.clous.eu, in accordance with these GTC.Access Codes : The email address and password that the Customer registers during the creation of their account on clous.eu. The access codes allow the Customer to access their account.
Quotation: In accordance with current legislation, Rivierre offers the Customer a free quote based on the nails selected on the website and saved in their cart.
Products and Services: all the services and products offered by Rivierre on the website www.clous.eu
3. Order
3.1 Ordering
The order is placed online through the website www.clous.eu. The customer selects the desired products and services, adding them to their cart. The prices indicated in the order are valid for ten days from the date of issue, except for ongoing promotional offers.
3.2 Order Confirmation
The Customer declares to have read and accepted these GTC before confirming their order. The final confirmation of the order is equivalent to acceptance of the quote and the applicable GTC.
The order confirmation is formalized by clicking on the "confirm order" box. By clicking on this box, the Customer expresses their consent to the entire order.
The order becomes final after its confirmation by www.clous.eu, communicated by sending a confirmation email to the email address provided by the Customer, subject to the application of the legal provisions in force for distance selling and subject to confirmation of agreement by the banking payment centers.
3.3 Order Modification
Subject to applicable distance selling regulations, orders are final and irrevocable. Any request for modification by the Customer is subject to acceptance by www.clous.eu.
3.4 Order Validity
www.clous.eu reserves the right to refuse any order for legitimate reasons, particularly in cases where:
The quantities ordered are abnormally high compared to the quantities normally ordered by customers as consumers. There is a dispute between www.clous.eu and the Customer, particularly if the latter has not paid for previous purchases. Rivierre's offers are valid as long as they are visible on the website, within the limits of availability, excluding promotions indicated as such on the website.
4. Client’s obligations
For each purchase on the website www.clous.eu, the Customer guarantees to be of legal age (for individuals) and capable.
The Customer must verify the accuracy and truthfulness of the information and data provided in their account and during their orders.
The Customer agrees not to disclose their access codes to third parties. They acknowledge that all operations carried out on their account using their access codes are their responsibility.
www.clous.eu makes every effort to ensure that the photos presented on the website are an accurate representation of its products. However, the customer is informed that depending on the computer tools or digital processes used to display such images, variations in shades may occur. The Customer acknowledges that the photos presented on the website are not binding and that the conformity of the ordered products is assessed based on the criteria of model, color, diameter, and length recorded in the order validated by the Customer.
The Customer acknowledges that the descriptive technical information of the products published on the website www.clous.eu is those communicated by the suppliers from whom www.clous.eu sources.
5. Price, payment methods and invoice
5.1 PriceThe price of the products and services is that indicated on the website www.clous.eu in force at the date and time of the order.
The price is in Euros. It is inclusive of all taxes and shipping costs included for deliveries within metropolitan France, Monaco, Belgium, and Luxembourg.
The quote drawn up in accordance with the current legislation and these GTCS lists the prices and characteristics of the items selected by the Customer in their cart. This quote is valid for ten days from the date of issue, except for periods of validity of ongoing promotional offers.
5.2 Due Date
Payment is due upon confirmation of the order by the Customer.
The Customer guarantees to be fully authorized to use the chosen payment method to settle their order in accordance with these GTCS.
The chosen payment method must allow access to sufficient funds to cover the amount due.
5.3 Payment methods
Payment is made exclusively by:
- Credit card : Visa, Mastercard, American Express
www.clous.eu informs the Customer that banking transactions are managed by a third-party professional who guarantees the security of the entered data.
- · Invoice : cheque
This payment method is only available and offered for some countries.
5.4 Invoice
During the online purchase, an invoice will be issued. It will contain all the mandatory mentions for invoices and for the products and services in question.
This invoice will be included in the package at the time of delivery of the product in question.
5.5 Payment delay or absence of payment
www.clous.eu reserves the right, when the agreed price is not paid for any reason, to suspend the execution of the order or to resolve it by simple email sent to the Customer.
6. Delivery
6.1 Order AvailabilityIn the event of unavailability of a product after the order has been placed, the Customer will be informed by email. Their order will be automatically canceled, and they will be refunded as soon as possible if their bank account has been debited.
6.2 Delivery Method
Products purchased on the website www.clous.eu are delivered free of charge in France, Monaco, Belgium, and Luxembourg.
Products are delivered to the shipping address provided by the Customer during the ordering process.
6.3 Delivery Times
Delivery takes place within five working days from the date the order becomes final in accordance with these GTCS. The delivery date takes into account the production time plus the processing and shipping time.
Delivery is considered to have taken place when the product or service is made available to the Customer by the carrier (La Poste or a specialized carrier).
If the Customer orders multiple products simultaneously and they have different delivery dates, www.clous.eu reserves the right to split the shipments.
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.
6.5 Damages
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. Right to withdrawal and legal guarantees
8.1 Right to withdrawalAccording 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 reimbursement
A 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 majeure
www.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 clause
The 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 proofs
www.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
13. Personal data
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.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 support@clous-rivierre.fr
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.
The user can refuse the use of cookies by configuring his browser.
14. Generalities
The 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 property
The 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 litigation
This 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