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General 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:
  1. The quantities ordered are abnormally high compared to the quantities normally ordered by customers as consumers.
  2. 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. Customer's Preliminary 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   Price


The 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 GTC 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 GTC.
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 : Debit/ credit card, Visa, Mastercard, American Express
The Customer's bank account will be debited on the date of the order. The order will be considered effective after confirmation of agreement by the banking payment centers.
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
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.
 

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 Availability 


In 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 GTC. 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   Delayed Delivery


In case of delayed delivery, the Customer is invited to contact www.clous.eu customer service by email or phone.

In case of delayed delivery by www.clous.eu of more than seven working days beyond the applicable period, the Customer has the option to cancel their order within 60 working days, in accordance with legal provisions.

In this case, if the Customer receives the product after cancellation, a refund of the product and return costs will be made within 30 working days of www.clous.eu receiving the product, complete and in its original condition. Otherwise, no refund will be made.


6.5   Damages

In the event of transport-related damage (e.g., damaged package, already opened), the Customer must refuse the package or request a damage certificate from the carrier.

If they accept the package, the Customer has a period of 3 working days from the delivery date to send their reservations and complaints to the carrier and to www.clous.eu. These notifications must be made by registered letter with acknowledgment of receipt.
 

7. « 100% Satisfied or Refunded» Guarantee

The customer has a period of 30 days from receipt of their products to exercise the "100% Satisfied or Refunded" clause.

The refund request and the refund itself will be made in accordance with the provisions of Article 9 of these GTC.


8. Right of Withdrawal and Legal Guarantees

8.1   Right of withdrawal


In accordance with current legal provisions, the Customer has a period of 7 days from receipt of their products to exercise their right of withdrawal with www.clous.eu without having to give reasons or pay penalties.

This 7-day period is included in the thirty-day offer "100% Satisfied or Refunded" from www.clous.eu

The request to exercise the right of withdrawal must be made in accordance with the provisions of Article 9 of these GTC.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the products purchased and the shipping costs will be refunded; return costs remain the responsibility of the Customer.

In accordance with current legal provisions, in particular Article L.121-20-2 of the Consumer Code, the right of withdrawal cannot be exercised for products packaged according to the Customer's specifications and clearly personalized.


8.2   Legal guarantees


In accordance with current legal provisions regarding the conformity of goods to the contract (Articles L. 211-4 and L. 211-5 of the Consumer Code), www.clous.eu refunds products that are clearly defective or not in accordance with the Customer's order.

In this regard, the Customer acknowledges that conformity is assessed based on the criteria of model, color, diameter, and length recorded in the order they validated.

The Customer also benefits from the legal guarantee for hidden defects, in accordance with Articles 1641 and following of the Civil Code.

The conditions for returning the product(s) for a refund are in accordance with the provisions of Article 9 of these GTC.


9. Return Merchandise Procedure - Refund

The refund request, regardless of the reason, must be sent to "www.clous.eu - 6, rue des Usines 60100 Creil - France", specifying the Customer's references (name, address) and the order (order number) and including the invoice relating to the order in question for optimal management.

The products must be returned to www.clous.eu at the following address: "www.clous.eu, 6, rue des Usines 60100 Creil - France" within the applicable return period for the reason for return in accordance with these GTC.

In the context of these refund and/or return requests, it is strongly recommended that the Customer use a shipping method with registered or tracked mail to ensure their proper receipt by www.clous.eu. The Customer is informed in this regard that it is their responsibility to provide proof of receipt of the package(s) by www.clous.eu.

The customer is clearly informed that www.clous.eu will not proceed with any refund until the returned item(s) have been received by them with all the elements described below.

The package must contain:
  • The product(s) in the condition in which the Customer received them with all elements (original packaging, manuals, any accessories, instructions, documentation...). Any product showing signs of use beyond simple testing by the Customer cannot be refunded.
  • The purchase invoice.
  • Bank details for the refund.

In the absence of at least one of these elements, the Customer acknowledges that www.clous.eu reserves the right not to proceed with the refund, without their liability being engaged.

Only the price of the products purchased and the shipping costs will be refunded; return costs in the context of exercising the "100% Satisfied or Refunded" clause or the right of withdrawal remain the responsibility of the Customer.

The refund to the Customer will be made no later than thirty days from the date of receipt of the refund request by www.clous.eu.

The Customer acknowledges that, given the characteristics of the products, only a refund is possible, if applicable, and any exchange is excluded.


10. Liability - Force majeure

www.clous.eu's liability cannot be engaged in the event of non-performance or improper performance of the contract due to:
  • the fault of the buyer
  • an insurmountable and unforeseeable act of any other third party involved in the contract,
  • a case of force majeure within the meaning of Article 1148 of the Civil Code, and in particular recognized as such by the case law of the French courts.
www.clous.eu complies with French tax law regarding VAT and customs duties. Consequently, if the Customer is not subject to these rules, they are solely responsible for paying any taxes or customs duties imposed by the foreign legislation to which they are subject. In no case shall www.clous.eu's liability be engaged on this basis.


11. Resolutive Clause

The resolution of the order may be pronounced by simple email and shall be acquired automatically without judicial formalities in the event that the Customer does not pay the amount of their order.
 


12. Proof Agreement 

www.clous.eu and the Customer expressly agree that the operations and data, such as identification data, dates, content, and validation methods, from the automatic recording systems of the website www.clous.eu, will be admissible and will prevail between the parties even in the event of a dispute and will constitute proof of all operations and transactions carried out by the Customer on the website www.clous.eu. The same applies to quotes generated and stored by the www.clous.eu computer system.

The Customer acknowledges the probative value of the data and facts from the systems of delivery, reception, and delivery of third-party carriers.



13. Personal data

For the correct execution of the contract and the proper management of our business relationships, the Customer acknowledges that some personal data concerning them must be transmitted to www.clous.eu. Data Controller: Rivierre SARL, 6, rue des Usines, 60100 Creil - France. 

www.clous.eu will use this data for the processing of the Customer's order. They may be transmitted to companies contributing to business relationships, such as those responsible for the execution of services and orders for their management, execution, processing, and payment. This information and data are also kept for security reasons, to comply with legal and regulatory obligations.

This personal data may also be used by www.clous.eu to improve its service towards the Customer, personalize it, and inform the Customer about similar or analogous products and services from www.clous.eu.

www.clous.eu may also provide its partners with consolidated statistics regarding its Customers, but these statistics will not contain any personal data.

www.clous.eu reserves the right to offer the Customer the choice to receive:
  • Information and commercial proposals from its partners from www.clous.eu's email address;
  • Offers sent directly by www.clous.eu's commercial partners.

In accordance with Law No. 78-17 of January 6, 1978, as amended, known as the "Informatique et Liberté" Act, the processing of personal data by www.clous.eu has been declared to the CNIL.

In accordance with Article 34 of Law No. 78-17 of January 6, 1978, as amended, every person has the right to access, rectify, and delete data concerning them. To exercise this right, the User of the website can send their request (specifying their email address, name, surname, subject: "exercise of CNIL right"), to: www.clous.eu - Personal Data Service - 6, rue du Haut de Villevert - 60300 Senlis - France Email: support@clous-rivierre.fr

To be particularly attentive to the needs of our Customers, cookies are also used on the website www.clous.eu. The cookie is intended to indicate the passage of a User on our website. Cookies are therefore used only to improve the personalized service intended for users and do not allow individuals to be identified by name. Opposition to the registration of cookies is possible by configuring your browser in accordance with its instructions.
 


14. General Provisions

The version of the GTC applicable is that in force on the date of validation of the order by the Customer. The nullity of a contractual clause does not entail the nullity of the GTC. www.clous.eu reserves the right to modify its GTC at any time.
 


15. Intellectual property

The www.clous.eu trademark, the concept, content, layout, structure, source codes, programming, images, photographs, animations, audiovisual works, texts, data, music, and all other elements of the website www.clous.eu are and remain the exclusive property of Rivierre SARL, and are protected by various intellectual property rights (including copyright, trademark rights, sui generis database rights, etc.).

Copying, reproduction, or printing, in whole or in part, of these elements is authorized solely for the purpose of allowing the Customer to prepare their purchase(s) and place their order(s). Any copying, reproduction, or printing for a different purpose or any other use is prohibited.

Furthermore, the company names, trademarks, and distinctive signs reproduced on the website are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be the subject of prior written authorization from the trademark holder.


16. Applicable Law- Disputes 

This contract is governed by French law. The language of this contract is French. In the event of disputes, only the French courts shall have jurisdiction. Date of these GTC: February 16th, 2014