GENERAL SALES CONDITIONS
1- PREAMBLE
2. ACCEPTANCE OF THE GENERAL SALES CONDITIONS
3. SUBJECT
4. INVENTORY
5. ORDERING PROCESS
6. ORDER CONFIRMATION
7. PRICE
8. PAYMENT METHOD
9. TITLE RETENTION
10. EXECUTION OF THE ORDER
11. BILLING
12. DELIVERY
13. RIGHT OF RETRACTION
14. EXCHANGE, REFUND
15. GUARANTEE
16. CUSTOMER SERVICE
17. FORCE MAJEURE
18. ELECTRONIC SIGNATURE
19. LIABILITY
20. PROOF
21. CONSERVATION AND ARCHIVING OF DOCUMENTS
22. PERSONAL INFORMATION
23. INTELLECTUAL PROPERTY
24. ENTIRE AGREEMENT
25. NON-WAIVER
26. APPLICABLE LAW, DISPUTES
DEFINITIONS
1- PREAMBLE
The goal of the present document is to inform you about the company and the General Sales Conditions (GSC) for the website to which you are connected.
The present GSC apply to all orders made on the website www.exclusive-case.com (hereinafter referred to as “the Site”). The present GSC are entered into between: - The company “EXCLUSIVE CASE,” whose head office is located at 3, rue Pierre Gilles de Gennes 76130 Mont-St-Aignan - France, registered in the Registre du Commerce et des Sociétés de Rouen under number 808 945 281, intra-Community VAT n° FR 33808945281.
Hereinafter designated as “EXCLUSIVE CASE”
And, on the other hand,
By any person wanting to make a purchase on the www.exclusive-case.com website.
Hereinafter called “the Client.”
The parties agree that their relationship is regulated exclusively by the present contract, with the exclusion of any prior condition available on the website. However, in the event that a condition is lacking, it shall be considered as being regulated by the usage in effect in the remote sales sector whose companies are based in France. Prior to placing the order, the Client acknowledges that he has read all of the previously mentioned information and GSC.
2. ACCEPTANCE OF THE GENERAL SALES CONDITIONS
1. Your acceptance of the present general conditions by “positive click” in step 4, in the box located above “I have read the general sales conditions and accept them without reservation” associated with the authentication and non-repudiation procedure, and with the protection of message authenticity constitutes proof that you have read the said provisions and represents your irrevocable acceptance of the present conditions.
3. SUBJECT
The present GSC are valid as of April 22, 2013 and are intended to define the contractual conditions between the company EXCLUSIVE CASE and the client, whether corporate or consumer, within the framework of the sale of products by the EXCLUSIVE CASE company, conducted through the website www.exclusive-case.com. The present contract is compliant with the French laws in effect, and particularly with Law 2004-575 called Loi pour la confiance dans l’économie numérique (law in support of confidence in the digital economy). It is also in accordance with the recommendations of the OECD in the area of electronic commerce, and with the provisions of the Châtel law in effect on June 1, 2008. The present contract is comprised of the present GSC and purchase order. Duration of GSV application and modifications.
The company EXCLUSIVE CASE reserves the possibility of adapting or modifying the present GSC at any time and without prior notice. In case of modification, the GSC in effect on the date of the order shall be applied to all orders on that date. The client declares that he is an adult and has the full legal capacity to commit to the present general conditions. Resale or distribution of products purchased on www.exclusive-case.com is prohibited.
4. INVENTORY
The order shall be executed within the time indicated under the “Delivery” heading. We will respond to your order within the limit of our available inventory or subject to the inventory available from our suppliers. You will be informed by email or telephone as soon as possible and EXCLUSIVE CASE shall proceed with the refund within a maximum of thirty (30) days. This information comes directly from our suppliers, and exceptional errors or modifications that can occur are beyond EXCLUSIVE CASE’ control and EXCLUSIVE CASE cannot be held liable for them.
5. ORDERING PROCESS
The client who wishes to purchase a product online is required to confirm these different steps by clicking for example on “next,” “next step,” or “confirm”:
- Click on “Add to bag”
- Open bag
- Click on Order
- Summary: Confirm order summary
- Identification: Enter your personal information
- Address: Enter your delivery and billing address
- Shipping: Select shipping, validate GSC
SO COLISSIMO
Your delivery information
Delivery method
Confirm delivery
- Payment: Select your method of payment (Check, Visa or PayPal)
- An order confirmation will be emailed to the client.
Information communicated by the client during the order is binding. In case of error(s) in entering the information, EXCLUSIVE CASE cannot be held liable for the possible consequences and impossibility to deliver. The present clause applies in case of delay or delivery error. In this case, the client is responsible for all expenses incurred by EXCLUSIVE CASE to reship the order. The client must check the details of his order and total price. He can edit possible errors on the order before confirming it. Validation of the order leads to acceptance of the GSC, acknowledgement that the client has read it and, if applicable, accepts or waives the terms of purchase and other conditions.
6. ORDER CONFIRMATION
Any order placed with EXCLUSIVE CASE is subject to confirmation by the latter for final acceptance. As such, confirmation of the order shall be sent to the client at the mailing address indicated in the 2nd step (Identification).
If the client does not receive email confirmation, he must inform customer services at: contact@exclusive-case.com.
EXCLUSIVE CASE reserves the right to cancel any order by a client with whom there may be a dispute regarding payment for a prior order, or in other cases provided in the present contract. Order confirmation shall be emailed to the client as soon as possible, and at the end of the retraction period at the latest, subject to provision by the client of a valid mailing address not subject to any restricted use.
In the case specified, EXCLUSIVE CASE cannot be held responsible for failure to receive the order confirmation summarizing all the contract information and bearing proof of the transaction.
7. PRICE
According to the invoicing country selected, the prices are indicated in Euro (EUR) TTC or in Us Dollar (USD).
Prices are indicated in Euros, all taxes included. They take the VAT applicable on the order date into consideration. Any change of the VAT applicable rate shall automatically be passed onto the prices of the products being sold. These prices do not include delivery costs, which are indicated below the price tax included and before tax.
EXCLUSIVE CASE shall indicate the total order amount (price taxes included + shipping cost) in € during email confirmation of the order.
The price can be modified in accordance with the provisions of the Consumer Code, namely at the end of each offer validity period or to correct a material error. In the event of an order to a country outside Metropolitan France, you are the importer of the product(s) in question. For all products shipped outside the European Union, the price is calculated free of duty automatically on the invoice. Customs duties or other local taxes or importing duties or State taxes likely to be required. These duties and sums do not fall under SAS EXCLUSIVE CASE. They are your responsibility both in terms of declaration and payment to your country’s competent authorities and/organizations. We advise that you inquire about these aspects with your local authorities.
8. PAYMENT METHOD
- By credit or debit card) via Cyberplus Paiement (Visa/Visa Electron, Visa Classic, MasterCard, Maestro Card, E-Carte Bleue), indicating directly in the zone provided for this purpose (secured by SSL encryption entry), the card number with out any spaces between the numbers, expiration date and security code.
- PayPal (the Client is subject to PayPal’s user conditions): This implies that none of your banking information will pass through the www.ice-phone.com website. Payment by credit or debit card is therefore perfectly secure. The Client’s order is thus registered and validated upon payment acceptance.
EXCLUSIVE CASE reserves the right to refuse any order from a Client with whom a payment dispute may be in progress, or with a Client who has not totally or partially settled a previous order.
9. TITLE RETENTION
1. Products sold remain the full and complete property of EXCLUSIVE CASE until perfect payment of the price indicated on the purchase order. The parties understand perfect payment to mean collection by EXCLUSIVE CASE of payment from the client, cost and taxes included.
10. EXECUTION OF THE ORDER
EXCLUSIVE CASE reserves the right to refuse an order for “legitimate reason” (within the meaning defined by jurisprudence), and particularly (but not limited to this list) in case of the product’s unavailability, abusive demands from the Client, presumption of impossibility for the Client to enter into a contract or of the Client’s clear intention to harm EXCLUSIVE CASE.
EXCLUSIVE CASE also reserves the right to refuse an order in the case of a clear typographic error leading to the display of a “very low price,” at the time of the order placed by the Client.
Finally, the company reserves the right to refuse the order in case of dispute with the Client, total or partial non payment of a previous order, or refused bank authorization during the online payment process.
The order shall be executed within at most thirty (30) days from the date following that on which the Client has placed his order, subject to the order’s approval by EXCLUSIVE CASE.
11. BILLING
An invoice shall be automatically sent to the Client when products are shipped. It shall therefore be sent together with the products to the mailing address indicated by the Client at time of order, unless otherwise indicated by the Client.
12. DELIVERY
As a reminder, products purchased on the www.exclusive-case.com website can be shipped to Metropolitan France, Germany, Belgium, the Netherlands, Luxembourg, the United Kingdom, Italy, Spain, Switzerland, Austria, Denmark, Ireland, Portugal, Norway, Sweden, Greece, Hungary, Poland, the Czech Republic, Slovakia, Slovenia, Other East European countries, the Maghreb, the United States, Canada, Africa, the Middle East, America (non-US and Canada), Asia and Oceania.
However, the following shipping addresses are not accepted: postal box, hotel, cedex, military bases.
Products are shipped to the shipping address(es) indicated during the ordering process.
If the recipient is absent at time of delivery, the carrier shall leave a delivery notice and the Client or recipient shall have fifteen (15) days to collect the package according to the terms indicated on the delivery notice. Past this deadline, the order shall be automatically returned to EXCLUSIVE CASE, who shall contact the Client again to define the conditions of a possible re-shipment. Processing costs for this new shipment shall be billed to the Client.
Shipping costs are calculated according to country of destination, type of service selected and total weight of products purchased. Please refer to the delivery heading on the www.exclusive-case.com website.
Delivery time indicated under the website’s delivery heading is calculated in business days. Time indicated is the average delivery time and corresponds to the order processing, preparation and shipment time.
With each order, a document (mentions required by article L 121-19 of the Consumer Code) reviewing the following is included:
- The company’s identification and contact information
- Shipping costs
- Terms of payment and delivery
- The product’s essential characteristics
- The price
- The address for issuing claims
- Information on after-sale service
Any failure or delay in delivery of more than seven (7) business days must be declared to our Customer Service department as soon as possible, at contact@exlcusive-case.com, in order to improve the quality of service provided and enable EXCLUSIVE CASE to investigate with the shipping company.
This can take up to 21 days. If during this time the product is found, it shall be immediately sent to the client’s address. However, if the product ordered is not found at the end of this period, EXCLUSIVE CASE shall re-ship the products ordered at its own expense.
In case of delay of delivery, an email shall be sent to you. In this case, and as long as the product has not been shipped, you can always cancel your order. You shall then be immediately refunded if your account has been debited.
If you receive the product after cancellation of your order, you must return it in its entirety and in its original state to allow us to issue a refund upon receipt.
You must verify conformity of the merchandise delivered at the time of delivery and before signing the shipping company’s delivery slip.
You must indicate any abnormality regarding the delivery (package open, product damaged, etc.) on the delivery slip and in the form of handwritten reservations along with your signature. This verification is considered as having been done at the time when the client or person authorized by them signed the delivery slip.
If the delivery person refuses to wait, indicate absolutely “the delivery person did not want to wait for the article to be opened to be verified” on the delivery slip.
You must also indicate abnormalities and confirm your reservations regarding the delivery company by registered mail within a maximum of three (3) business days following receipt of the article(s), and send a copy of this correspondence to:
EXCLUSIVE CASE
3, Rue Pierre Gilles de Gennes
76130 Mont St Aignan - France
13. RIGHT OF RETRACTION
Pursuant to article L121-20 of the Consumer Code, the Client has seven (7) days to exercise his right of retraction without having to justify the reasons or pay penalties, except, if applicable, for return expenses. The seven (7) day period is from date of receipt of the products ordered. Moreover, if for any reason whatsoever the client is not satisfied with his product, he has an additional three (3) days following the retraction period, from date of receipt of his package to return the products he is not satisfied with. However, the Client must pay the return costs. However, the Client cannot benefit from this right in the following cases:
- Provision of a service whose execution began was completed before the end of the seven (7) days.
- Provision of goods that are made according to the consumer’s specifications or clearly personalized or, that due to their nature cannot be re-shipped or are likely to deteriorate or expire rapidly.
The procedure relating to the right of retraction is as follows: You must first complete the “RMA” return Form.
An RMA return number shall then be provided to you. You must indicate this number on the envelope in order to return the unwanted products. The product(s) thus returned must be in perfect condition to be re-sold in its original state (packaging, accessories, notice, etc.), unless it is defective, damaged or below standard.
Any damaged, incomplete, absent product or product whose original package is damaged, or in case of missing return number, shall not be refunded or exchanged and shall be re-shipped if applicable at the Client’s expense.
The Client can also cancel his order by refusing to receive the product, mailing the product back or returning the product to the following address:
EXCLUSIVE CASE
3, Rue Pierre Gilles de Gennes
76130 Mont St Aignan - France
The Client returning merchandise is responsible for paying the expenses and risks for the return. Return of the product(s) shall lead to a refund of the product(s)’ purchase price (including the sum paid by the Client for delivery, and deducting the cost of return shipment, which is incurred by the Client). To cancel an order that has not yet shipped, you must inform EXCLUSIVE CASE exclusively in writing (by mail, fax or email).
14. EXCHANGE, REFUND
Return of the product in case of nonconformity
In case the order is below standard, the Client has fifteen (15) business days to return the product(s) received. In this case, for the return to be accepted, the Client must first inform the Customer Service Department at contact@exclusive-case.com and return the product(s) in perfect condition, in the original state and packaging, as soon as possible. Product(s) must be returned with receipt and addressed to the Customer Service Department. The procedure relating to returning products below standard is as follows: First, complete the RMA Form. You will be given an RMA return number and you must indicate this number on the envelope in order to return the substandard product(s). The product(s) thus returned must be in perfect re-sale condition and in its original state (packaging, accessories, notice, etc). The product returned shall be refunded or exchanged according to your request and available inventory. If a refund is required, it shall be done within thirty (30) days from receipt of your return. Return shipment can then be refunded with receipts.
Return of defective products
In case of defective product(s), the Client has fifteen (15) business days to return the product(s) received. The Client shall then inform the Customer Service Department at contact@exclusive-case.com of the defect in question. EXCLUSIVE CASE shall pay for the return costs as soon as the product is deemed defective or damaged by its staff. If the product is defective or if you have received a product by mistake, you will be refunded for the return shipment once your claim is processed. Please note that we cannot accept a delivery method such as delivery for refund because before being able to reimburse delivery charges, our technical control team must first assess if the refund for delivery charges is possible. The Client must first complete the RMA Form in order to receive an RMA number. This number must appear on the envelope provided to return the defective product. Important: Assignment of an RMA number does not in any constitute acknowledgment of the product’s defectiveness. Only EXCLUSIVE CASE authorized staff that will examine and test the product can attest to the existence of such defect. If defectiveness is confirmed, total replacement or refund shall be issued as follows: - Replacement: If the situation allows (available inventory), replacement or provision of a similar product shall be offered to the Client as soon as possible. In case of the contrary, the Client’s pending order shall be given priority status and shipped when the product is available in inventory. As a general rule, inspection of the products and shipping of new products can take up to five (5) business days.
Refund:
If the Client chooses to be refunded, funds are transferred using the same payment method used for the original payment (if applicable). It is up to the client to inform EXCLUSIVE CASE beforehand of any possible change of information regarding his card (i.e. if the account is not the same). Credit card refunds are credited to the same card used for purchase and take place within thirty (30) days. All returns not containing all the required documentation are stopped until receipt of the documentation. This cannot take more than 30 days, and if this is the case, the return will be completed without action.
In case of the contrary, if the product(s) is (are) returned, once tested and examined by EXCLUSIVE CASE technicians and is not considered defective, or if it has been tampered with, EXCLUSIVE CASE will return the product and the Client will no longer be able to replace or cancel his order.
It is recommended to the Client use a method of payment providing all the necessary guarantees, and particularly the proof that delivery has been made, as well as coverage for reimbursement in case of loss or deterioration (which is important all the more when it comes to articles of great value). EXCLUSIVE CASE cannot be held responsible for products damaged or lost during shipment.
Exceptions:
1. Products qualified as defective after evaluation of defectiveness by our departments.
2. Defectiveness attributed to poor use of the product.
3. Products opened or disassembled.
4. Damage, failure, breakdown or defect attributable to external causes.
5. Repairs and damages to the product after repair conducted by persons other than a repair person authorized by the builder.
6. Damage caused by corrosion, oxidation, poor connection or a connection problem.
7. Damage caused by a problem of power supply, meaning not a problem of the product’s internal power supply, but external, for example, connection with a defective plug.
8. Products returned without agreement and not meeting the conditions for return as specified in the present section.
9. Products that have undergone testing not respecting those of the notice.
10. Lifespan of consumables (batteries).
15. GUARANTEE
Products sold on www.exclusive-case.com are subject to the conditions of legal guarantees provided by articles L 211-4, L 211-5 and L 211-12 of the Consumer Code, and by articles 1641 and 1648 of the Civil Code:
Article 1641 Civil Code: The seller is bound to warranty in respect of secret defects in the thing sold which render it improper for the use to which it is destined, or which so far diminish such use, that the buyer would not have purchased it, or would not have given so large a price, if he had known them.
Article 1648 Civil Code: The action resulting from faults annulling the sale must be brought by the purchaser, within two years from time faults are discovered. In the case provided in article 1642-1, action must be introduced, subject to debarment, in the year following the date seller can be unburdened by the apparent faults.
Article L211-4 of the Consumer Code: The seller must deliver goods in conformity with the contract and is liable for defects of conformity existing during delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.
Article L211-5 of the Consumer Code: To be in conformity with the contract, the product must:
1.1. Be suitable for the purpose usually associated with such a product and, if applicable:
1.2. Have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L211-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the product.
EXCLUSIVE CASE shall not be liable for the following:
1.1. Breach of contractual obligations caused by fortuitous act or case of force majeure;
1.2. In case of non-substantial differences between the photos, texts and illustrations of the articles on our website and the articles ordered.
16. CUSTOMER SERVICE
Our Customer Service Department is at your disposal to provide any information or answer any question.
You can contact us:
- By telephone at 02 35 707 855
- By email: contact@coque-exclusive.com
- By mail at the following address:
EXCLUSIVE CASE
3, Rue Pierre Gilles de Gennes
76130 Mont St Aignan - France
17. FORCE MAJEURE
Execution by EXCLUSIVE CASE of all or part of its obligations shall be suspended in case of fortuitous act or force majeure that would impede or delay execution. They include but are not limited to the following: war, riots, insurrection, social disorder, strikes of any nature, and supply problems of EXCLUSIVE CASE.
EXCLUSIVE CASE shall inform the client of such a fortuitous or force majeure event within seven days of its occurrence. In the event that this suspension lasts more than fifteen days, the client can then cancel the order in progress and a refund will be issued under the conditions stated in section 7 of the present general sales conditions. EXCLUSIVE CASE shall not be responsible for total or partial non-execution of its obligations under the present contract, if this non-execution is caused by an event constituting force majeure.
18. ELECTRONIC SIGNATURE
The “Click” associated with the procedure of authentication and non-repudiation of the Client during his order and acceptance of the present GSA constitutes an electronic signature equivalent to a handwritten signature between the parties.
19. LIABILITY
In the process of online selling EXCLUSIVE CASE is liable only for the obligation of means. It cannot be held liable for damage resulting from use of the Internet, such as loss of data, hacking, virus, interrupted service or other involuntary problems. EXCLUSIVE CASE cannot be held liable for all material or human damage resulting from the product’s breakdown.
We decline any responsibility in the event where the article delivered does not respect the laws of the country of delivery other than France.
The photos appearing on the www.exclusive-case.com website are not contractual.
20. PROOF
Computerized registers preserved on the EXCLUSIVE CASE services and on bank servers are considered as proof of communication, order and payments intervening between the parties.
21. CONSERVATION AND ARCHIVING OF DOCUMENTS
Archiving of transaction data is done on a reliable and durable support, in accordance with article 1348 of the French Civil Code. It is therefore done according to the AFNOR Z 42-013 standard on design and use of computer systems to provide conservation and integrity of the recordings stored in these systems.
22. PERSONAL INFORMATION
Electronic information processing, including management of the website’s user email addresses is subject to a statement at the CNIL registered under number 1486677. It is done in respect of the provisions of law n°78-17 of January 6, 1978. Similarly, each user has the right to verify the accuracy of this data and can request rectification or deletion by writing to EXCLUSIVE CASE at the following address:
EXCLUSIVE CASE
3, Rue Pierre Gilles de Gennes
76130 Mont St Aignan - France
Data and contact information regarding the client is confidential. They are used to process orders and send information on products relating to those previously sent. Client has the possibility of opposing the use of his personal information in a simple manner and without cost, each time a message is sent to him, except for that which is required to transmit the refusal. To do so, he must simply write to the following address:
EXCLUSIVE CASE
3, Rue Pierre Gilles de Gennes
76130 Mont St Aignan - France
23. INTELLECTUAL PROPERTY
Elements owned by EXCLUSIVE CASE, such as website, brands, designs, images, texts and product design are the exclusive property of EXCLUSIVE CASE or have bee assigned to the company.
The present general sales conditions do not entail any assignment of any intellectual property right on elements owned by EXCLUSIVE CASE (sounds, photographs, images, literary texts, artistic work, software, brands, graphic titles, logo) for the benefit of the Client.
The Client shall keep from directly or indirectly infringing on the property rights of EXCLUSIVE CASE.
24. ENTIRE AGREEMENT
The present GSC express all of the parties’ obligations. No general or specific condition communicated by the Client can be integrated into the present GSC.
25. NON-WAIVER
The company’s prevention from taking advantage of a violation by the Client of any obligation whatsoever cannot be interpreted in the future as a waiver of the obligation in question.
26. APPLICABLE LAWS, DISPUTES
The present online GSC are subject to French law, in accordance with European guidelines, notwithstanding any rule relating to legal conflicts. In case of dispute, the parties shall favor an amicable settlement. Any dispute relating to the interpretation or execution of the present contract between EXCLUSIVE CASE and a person considered as the consumer shall be brought before the French courts, in accordance with the provisions of articles 46 to 48 of the NCPC.
DEFINITIONS
The terms below have the following meanings for the parties:
PURCHASE ORDER: Document indicating characteristics of the products ordered by the consumer and that must be signed by “click” to engage him.
GSC: General Sales Conditions
CLIENT: Any person who, under the present contract, acts as an individual or representative of a corporate entity
ORDER: Act by which the Client commits to purchasing products from the company that will deliver them.
ONLINE SALES CONTRACT: Any contract regarding the order of products entered into between the company and a Client within the framework of a remote selling system organized by the company EXCLUSIVE CASE, who for this contract, uses the Internet exclusively until conclusion of the contract, including conclusion of the contract itself.
CLICK: The Click is the electronic formulation of a “yes” or acceptance. The positive “click” technique is understood as a click that marks your agreement. The click is said to be “positive” when the choice given to validate by “yes” or “no” your acceptance of the general sales conditions for your order.
THE COMPANY: EXCLUSIVE CASE SAS
PRODUCT: Good sold by the company.
RAM: Return Merchandise Authorization
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