ARTICLE 1 – Scope of application
The general terms and conditions of sale presented herein (hereinafter referred to as "General Terms of Sale") are applicable unrestrictedly and unreservedly to all sales concluded on products sold (hereinafter referred to as “The Product" or “the Products”) between the company ALTAMIRA DEVELOPPEMENT Sàrl (hereinafter referred to as "the Seller") and its non-professional clients (hereinafter referred to as the "Client"), wishing to purchase the products offered for sale by the Seller on the website clebard-concept.com (hereinafter referred to as "the Site"). They specify in particular the conditions of the orders, payment, delivery and management of any returns of products ordered by customers. The Products offered for sale on the site are:
- Accessories and pet products including cushions for dogs and cats.
The main characteristics of the Products, including specifications, illustrations and indications of size or capacity of the products are presented on the Site.
The Customer is required to be acquainted with it before ordering.
The selection and purchase of a Product are the sole responsibility of the Customer.
Photographs and other illustrations on the Site are not contractual and do not engage the responsibility of the Seller.
The Customer is required to refer to the description of each product to know the properties and essential features.
The Products offers apply within the limit of available stocks, as specified when placing the order.
The Seller contact details are:
ALTAMIRA DEVELOPPEMENT Sàrl
5, rue René Schickelé
Clébard-concept is a brand of ALTAMIRA DEVELOPPEMENT Sàrl.
These General Terms of Sale apply to the exclusion of all other conditions, including those applicable to sales in stores or through other distribution and marketing channels.
These General Terms of Sale are accessible at any time on the Website and prevail, if any, on any other version or any other contradictory document.
The Customer declares to have read the General Terms of Sale herein and accepted it by checking the box provided for this purpose before the implementation of the online ordering process as well as the general conditions of use of the Site.
These General Terms of Sale may be amended subsequently, the version applicable to the purchase by the Customer is that in force on the Site at the time of placing the order.
Unless proved otherwise, the data recorded in the computer system of the Vendor constitute proof of all transactions with the Customer.
Under the Data Protection Act of 6 January 1978, the Customer has, at any time, a right of access, rectification and opposition to all personal data by writing a letter, with proof of identity, to
ALTAMIRA DEVELOPPEMENT Sàrl
5, rue René Schickelé
The validation of the order by the Client implies acceptance without restriction or reservation of these General Terms of Sale.
The Customer acknowledges having the capacity to contract and acquire the Products offered on the Site .
Changes to these General Terms of Sale are binding on users of the Site after they are posted online and shall not apply to transactions already concluded.
ARTICLE 2 - Orders
The site allows the Client to place orders for the Products branded Clébard-Concept, directly online via Internet for delivery to all countries of the world.
Contractual information is presented in French for the French version of the Site and in English for the English version of the Site and are subject to confirmation at the latest at the time of confirmation of the order by the Client.
The Seller does not intend to sell the products through the Site for professionals, but only to consumers for their personal needs. Sales made through the Site are reserved for end consumers natural or legal persons, to the exclusion of all resellers or intermediaries acting for the dealers. Therefore, the Client states it acts as final consumer and does not intend to sell the Products for commercial purposes.
The Seller reserves the right to refuse orders of the same product in significant quantities which could reveal the practice of commercial activities by the Client.
The Client selects the products they wish to order on the Site, as follows:
2.1 Ordering Process
2.1.1 Selection of Products
At any time, the Client can add Products to its selection by clicking " Buy " and choose to complete its purchases or continue its navigation.
The Client can check his selection by flying or by clicking on " shopping " in the menu that will show : the photo (s) of the Product ( s), its colors, size and reference (s), the ( the ) amount (s) selected (s), its (their) unit price (s ) and the subtotal of the selection. Customer may also choose the country of delivery , which will generate the calculation of shipping costs and therefore the total amount payable.
After selecting the Product (s) , the Client clicks on " proceed to checkout" to start the ordering process.
If the Client already is already registered, it will be identified at this stage by entering its email address and password.
If the Client is not registered yet, it will have the choice either to checkout as a guest or to register by entering his email address and creating a password. Mobile version of the site, they will be asked to enter this information during identification.
IDs and passwords are strictly personal, therefore the Client agrees to keep them safe and never disclose them to third parties. The Seller shall in no event be liable for any loss, theft or fraudulent use of the account. As the case may be, the Client shall notify the Seller immediately.
The registration allows the Client to:
-Track shipments and view the history of their orders;
- Return or exchange products;
- Add or modify its shipping and billing addresses for its future orders;
- Manage their subscriptions to the clébard-concept newsletter.
Data recorded by the Site constitutes proof of all transactions between the Seller and its Clients. In case of dispute between the Seller and one of its Clients on a transaction conducted on the Site , the data recorded by the Seller are considered valid proof of the content of the transaction.
The Client may at any time cancel its registration by sending an email to Customer Service by clicking the " contact " link. After disabling the account, the customer is free to create a new account at any time.
2.1.3. Order Validation
188.8.131.52 Validating the delivery method
The Client shall complete shipping information necessary for the proper shipment of his order : country of dispatch , title , name, surname, phone, shipping address .
Once this step is completed, the customer clicks on " continue”.
184.108.40.206 Validating payment information
The Client will be prompted to select a payment method and enter the information relating thereto. The Customer must thoroughly check the accuracy of its selection before confirming his order.
If all efforts are made to ensure that the size, finish and color of the products whose photos are posted on the Site are true to the original products, variations may occur, especially due to color rendering technical limitations on Client’s device. Therefore, the Seller shall not be liable for errors or non-substantial inaccuracy in the photographs or graphical representations of products on the Site. For questions about the Products, the Client can contact the Seller’s Customer Service.
For more information about the terms of payment (currency, payment methods, etc.), the Customer may refer to sections 3 "Rates" 4 "Payment Terms" below.
Once completed, the order is transmitted to the Seller for processing.
Seller reserves the right not to accept an order from a customer with whom there is a dispute concerning a previous order, or if Seller reasonably believes that Client has breached the General Terms of Sale herein or that is committed in fraudulent activity, or for any other legitimate reason.
2.1.4. Order confirmation
A summary of the order will then be sent to the Customer by email. The receipt will show the total amount of the order, information relating to the cost and time of delivery, the essential characteristics, quantity and price of purchased Products.
The Customer must verify the accuracy of the order and report any errors immediately. Customers may track the progress of his order on the Site.
It is recommended to keep the acknowledgment of order receipt on paper or electronically.
Pursuant to Article L134-2 of the Consumer Code, when an order relates to an amount equal or greater than 120 Euros, the Seller keeps a written record evidencing the electronic contract between the Seller and a customer during a period starting at the conclusion of the contract until the date of delivery of the Products and then for a period of ten years from it (in accordance with Decree 2005-137 of 16 February 2005). The client has access to this document at any time on request made to the customer service by e-mail by clicking on the "customer service".
2.2 Special Orders
The Site does not enable the Customer to place special orders such as the creation of a product that does not exist or no longer exist in the clébard-concept collection, or adaptation or customization of a product from the collections clébard-concept, or the manufacture of the latter by the Seller. These Terms and Conditions do not apply to special orders. For special order, thank you to contact our Customer Service by clicking on the "customer service" or by email at: email@example.com .
2.3 Products Availability
Products offers are valid as long as they are visible on the Site, within the limits of available stocks. Errors or changes may exceptionally exist, especially in the case of simultaneous orders of the same product by several clients. In the event of unavailability of a Product after placing your order, we will inform you by email as soon as possible, by offering you either to order another Product presented on the Site, or to cancel your order.
The Seller is not liable in case of shortage or unavailability of Products for orders not yet accepted by the Seller.
Seller reserves the right to change at any time and without notice the Products offered on the Site. To ensure better quality of service and availability of our Products to all Clients of the Site, the Seller reserves the right to limit the amount of Products that can be purchased by a Client, and in accordance with the provisions applicable in that matter and in particular those of Article L122-1 of the Code of French consumption.
2.4 Order cancellation
Any amendments to the Order by the Client shall only be taken into account by the Seller within the limits of its possibilities and provided that they are notified by email to the Seller within 12 hours of receipt of the Order.
Seller reserves the right to cancel or refuse any Order from a Client with whom there is a dispute on the payment of a previous Order.
ARTICLE 3 – Prices
Products are supplied to the rates in effect on the Site during the registration of the Order by the Seller. Prices are in Euros, all taxes included. For information purposes, prices net of taxes and amount of VAT are provided.
For all products shipped outside the European Union and overseas territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged and are the sole responsibility of the Client.
The rates take into account any reductions granted by the Seller on the Site.
These prices are firm and not subject to revision during their period of validity, as indicated on the Site, the Seller reserves the right, out this period of validity, to change prices at any time. They do not include processing fees, shipping, transportation and delivery, which are charged in addition to the conditions indicated on the Site for some destinations and calculated before placing the Order.
The price charged to the Client is the total amount of the purchase, including those costs, if any (hereinafter “the Price”). In case of unavailability of Products ordered (see section 2.3. "Products Availability"), only the Price related to available Products will be debited.
An invoice is issued by the Seller and sent to the Client upon delivery of the ordered Products.
ARTICLE 4 – Payment Terms
The Seller will not be required to make the delivery of the Products ordered by the Client if the latter did not pay him the Price in full within the terms indicated below.
Payments made by the Client will be considered final only after actual receipt of money owed by the Seller.
The Price is payable in full on the day of placing the order by the Client, by secure payment, as follows :
- By credit card : Visa, MasterCard , American Express,
- By paypal
- By check.
4.1.Payment by credit card
Credit cards and bank cards accepted are: Visa®, MasterCard®, American Express®. The credit card payments are secure. Payment Data is exchanged in encrypted form using SSL protocol (Secure Sockets Layer).
The shipping of the Order takes place only after verification of the receipt of payment or of the credit card debit authorization.
The Client’s account will be debited at the time of shipment of the Order.
4.2. Payment by Paypal
The Client holding a PayPal account can pay for the purchase using an account previously created next to this electronic payment provider.
4.3. Payment by check
When paying by check, the check must be issued by a bank domiciled in France or Monaco.
The cashing of the check is performed at the reception thereof.
ARTICLE 5 – Shipping conditions
5.1. Shipping to a mail address
Products are shipped to the shipping address provided by the Client during the order process.
The Seller will not process any order for which a postal address is incomplete, the Client would have provided a PO Box or Cedex address, for reasons including size of the package and security.
5.2. Shipping costs
The Seller delivers free of charge to the following countries:
France, Germany, Belgium, Luxembourg, Netherlands, Italy, Spain, Portugal, Great-Britain, Ireland, Switzerland, Austria, Greece, Czech Republic, Poland, Hungary, Slovenia, Slovakia, Bulgaria, Latvia, Lithuania, Estonia, Denmark, Sweden, Finland.
The delivery time is usually 5 to 10 days. If delivery of a Product turns out to be longer, this information will be mentioned on the Order Confirmation.
Other destinations: The contribution to the shipping costs is calculated based on the quantity of selected Products and the delivery destination.
The contribution to the shipping costs (in Euros) are:
NB : in case outer covers added to the sending of a cushion, the price of transportation is that applied to the cushion (so no extra charge related to the addition of outer covers)
Contribution to the shipping costs are indicated in the table above for a cushion unit or for an outer cover unit. For example, if the Client’s order includes three cushions size M to be shipped to Norway, the contribution to the shipping costs will amount to 29,70 euros.
Products ordered by the Client will be delivered, according to the delivery Zone concerned, within the time specified in the table above (the "Deadline").
The delivery time is calculated based on the addition of the order processing time and shipping time. The delivery time varies depending on the zone where is located the delivery address indicated by the Client in his order on the Site.
Regarding zones 4, 5 and 6, the delivery time is not manageable due to completion time of administrative formalities of customs clearance. The Seller does not guarantee the delivery time indicated in the table above with respect to Orders for delivery in the countries and territories included in zones 4, 5 and 6. No delay in delivery could be attributed to the Seller in respect to deliveries to countries included in these areas.
The delivery consists of the transfer to the Client of the physical possession or the control of the Product.
Except for special cases or unavailability of one or more Products, the Products ordered will be delivered at once.
Seller agrees to make its best efforts to deliver the Products ordered by the Client within the time specified above. These delivery time are provided for information only. However, if the Products have not been delivered within a month after the indicative delivery date, for any reason other than force majeure or fault on the Client, the sale may be canceled at the written request of the Client in accordance with Articles L 138-2 and L 138-3 of the Consumer Code. The amounts paid by the Client will be refunded the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or retention.
5.3. Compliance of delivery
The Client must verify the contents of the packages upon reception of delivery. The Client has a period of 15 days from delivery to make any reservations or claims for non-compliance or defect of the delivered Products (eg damaged package already open ...), with all supporting documents relating thereto (including pictures). The reservation shall be made by email to the address: firstname.lastname@example.org. After this period and failing to comply with these formalities, the Products will be deemed compliant and free from defect and no claim will be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at his expenses, the Products delivered where non-compliance or apparent or hidden defects have been duly proved by the Client, in accordance with Articles L 211-4 and seq. of Consumer Code and those provided herein (see safeguards, in particular).
ARTICLE 6 – Transfer of ownership - Transfer of risks
The transfer of ownership of Seller's Products to the Client will occur only after full payment by the latter, regardless of the Delivery date of the Products.
Irrespective of the date of transfer of ownership of Products, the transfer of risk of loss and damage thereto will be realized only when the Client takes physical possession of the Products. Products travel at the risk of the Seller. However, the Client assumes the risk (including loss, theft or damage) concerning the Products delivered from the time they are delivered to the address provided when ordering.
ARTICLE 7 – WITHDRAWAL / RETURN / EXCHANGE
In accordance with legal provisions, the Client benefits from a period of fourteen days from receipt of Product to exercise his right of withdrawal, cancelation and return Products to the Seller, without having to give reasons or to pay a penalty thereto, provided that the Products are returned in their original packaging and in perfect condition within a fourteen (14) days’ notice starting from the date the Client informs the Seller of the decision to withdraw the purchase.
The returns should be in their original condition and complete (packaging, accessories, manuals ...) for their remarketing as a new item, along with the purchase invoice.
Products damaged, soiled or incomplete will not be accepted.
The right of withdrawal may be exercised in line with the withdrawal form available on the Site clebard-concept.com, in which case a receipt on a durable medium will be immediately communicated to the Client by the Seller, or any other statement, unambiguous, expressing willingness to withdraw.
Upon exercise of the right of withdrawal within the abovementioned period, only the price of the purchased Products and the contribution to the shipping costs are reimbursed; the cost of return are borne by the Client. The return must be made with monitoring.
The exchange (subject to availability) or reimbursement will be made within 14 days of the receipt by the Seller of the Products returned by the Client in accordance with this section.
ARTICLE 8 – Seller's liability - Warranty
Products sold on the website clebard-concept.com are fully compliant to the regulations in force in France and their performance are consistent with a non-professional use.
Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal in accordance with legal provisions,
- from the legal guarantee of conformity for Products apparently defective, spoiled or damaged or not corresponding to the Order,
- from the legal guarantee against hidden defects from faulty material, design or manufacture affecting the Products delivered and making them unfit for the intended use,
under the terms and conditions defined in the Appendix I to these Terms and Conditions (Compliance Guarantee / Warranty Defects Hidden).
To assert his rights, the Client must notify the Seller in writing:
· of the non-conformity of the Products within a period of two years from delivery of Products,
· or of the existence of hidden defects within a maximum delay of two years after their discovery.
The Seller will refund, replace or repair the Products or parts of Products under warranty deemed non-compliant or defective.
The shipping costs will be reimbursed on the basis of the invoiced price, return costs will be reimbursed on presentation of receipts.
Repayments of non-compliant or defective Products will be made as soon as possible and at the latest within 30 days starting the date of acknowledgement by the Seller of the lack of conformity or hidden defects.
Reimbursement will be made by crediting the Client's bank account or by check sent to the Client.
Seller's liability shall not be incurred in the following cases:
- Non-compliance with the legislation of the country where the Products are delivered, which the Client must check,
- In case of misuse, use for professional purposes, neglect or lack of maintenance by the Client, as in case of abnormal use of the product such as deliberate destruction by the dog, accident or force majeure.
The guarantee of the Seller is in all events limited to the replacement or refund of Products deemed non-compliant or defective.
ARTICLE 9 – Data Protection
In accordance with the Data Protection Act of 6 January 1978, the personal data requested from the Client is required to process the Order and prepare the invoices.
These data may be disclosed to any partners of the Seller in charge of the implementation, processing, management and payment of the Orders.
The processing of information provided through the Site has been declared to CNIL.
In accordance with national and European regulations, the Client has a permanent right to access, correct and remove data relating to him/her.
This right can be exercised under the conditions and in the manner specified on the Site.
ARTICLE 10 –Intellectual property
The content of the website clebard-concept.com is the property of the Seller and its partners and is protected by French and international laws on intellectual property.
Total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.
In addition, the Seller retains ownership of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of Client) for the provision of Customer Services. The Client thus refrains from making any reproduction or use of the studies, drawings, models and prototypes, etc., without the express, prior written Seller consent.
ARTICLE 11 - Applicable law - Language
These General Terms of Sale and operations arising therefrom are governed by and subject to French law.
These General Terms of Sale are written in French. In case they are translated into one or more foreign languages, only the French text would prevail in case of dispute.
ARTICLE 12 - Disputes
ALL DISPUTES TO WHICH THE OPERATIONS OF PURCHASE AND SALE ENTERED UNDER THESE GENERAL TERMS OF SALE MAY GIVE RISE, AS CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, IMPLEMENTATION THEREOF, THEIR TERMINATION, THEIR CONSEQUENCES AND SUITES AND WHICH COULD BE SETTLED BETWEEN THE SELLER AND THE CLIENT WILL BE SUBJECT TO COMPETENT JURISDICTION IN ACCORDANCE WITH THE COMMON LAW.
The Client is informed that he can in any case use a conventional mediation, in particular with the Consumption Commission of mediation (C. consum. Art. L 534-7) or use any alternative dispute resolution (conciliation, for example) next to an existing sectoral mediation bodies.
ARTICLE 13 – Pre-contractual information - Acceptance of the Client
The fact that an individual (or entity) to order on the website clebard-concept.com implies approval and full acceptance of these General Terms of Sales and obligation to pay the ordered Products, as expressly recognized by the Client, who renounce, in particular, to invoke any contradictory document, which would be unenforceable to the Seller.
- LEGAL PROVISIONS CONCERNING GARANTEES
Article L211-4 of the Consumer Code
The seller must deliver goods in conformity with the contract and he is liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when the responsibility is borne by him according to the contract or was carried out under his responsibility.
Article L211-5 of the Consumer Code
To comply with the contract, the product must:
- Be suitable for the purpose usually associated with such a product and, if applicable:
- Match the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model
- The features that a buyer might reasonably expect given the public statements made by the seller, the manufacturer or his representative, particularly in advertising or labelling.
- Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
Article L211-12 of the Consumer Code
The action resulting from lack of conformity lapses two years after delivery of the goods.
Article L211-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to it during the acquisition or repair of personal property, shed covered by state guarantee, any period of immobilization at least seven days is added to the duration of the warranty still to run. This period runs from the buyer's request to intervene or the provision for repair of the property in question, if this provision is after the intervention request.
Article 1641 of the Civil Code
The seller must guarantee any hidden defects of the product sold which render it unfit for the use for which it was intended, or that decrease its use in a way that the buyer would not have acquired, or would have paid a lower price if he had known it.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.
- WITHDRAWAL FORM
This form must be completed and sent to the Seller only if the Client wishes to retract the order placed on clebard-concept.com except exclusions or limitations to the exercise of the right of withdrawal according to the General Terms and Conditions of Sale.
To the attention of
ALTAMIRA DEVELOPMENT Sàrl
5, Rue René Schickelé
I hereby notify the withdrawal of the contract for the order of products below:
- Order Date: …………………………….
- Order number: ......................................
- Client name: .............................................
- Client Address: .............................................
Client signature (only in case of notification of this form on paper)
The Seller retains all rights of industrial and intellectual property relating to Products, photos and technical documentation that shall not be communicated or executed without written permission.