1. PURPOSE AND SCOPE
The present general terms of sale aim to define the terms of sale between CILAO.COM and the Buyer. They apply to all sales of products (hereinafter referred to as the “Product”) offered by CILAO.COM whether the order was placed by telephone, by mail, by e-mail or through its site www.cilao-shop.com (hereinafter referred to as the “Site”). They apply exclusively between the company CILAO.COM, 70 rue des Frênes 74600 Seynod France, Siret 450 558 556 00020 (hereinafter “CILAO”) and any consumer, natural or legal person visiting or making a purchase (hereinafter the “Buyer").
Any order on the Site www.cilao-shop.com implies that the Buyer is aware of these general terms of sale, prior to the order, and accepts all of the contents herein. The Buyer must validate acceptance of these general terms of sale for each order. The general terms of sale applicable are those in force on the day the order is validated by the Buyer. CILAO reserves the right to modify at any time and without notice the general terms of sale, and those modifications then apply to all orders subsequent to this modification.
2. PRODUCTS AND COMPLIANCE
The Products offered for sale on the Site appear with a description. CILAO cannot be held liable if a presentation of a Product is false or lacking information. Photographs are non-binding.
Products offered by CILAO on the Site comply with the standards applicable in France. The Buyer is solely responsible for verifying the possibilities to import the Products ordered with regard to the law of the country of delivery.
The prices of the Products on the Site are indicated in euros including all French taxes (French VAT and other possibly applicable taxes). They do not include shipping or other processing costs associated with the order. These costs are invoiced in addition and indicated in the summary of the order before validation by the Buyer. CILAO reserves the right to modify its prices at any time without notice. The Products will be invoiced to the Buyer on the basis of the prices in force at the time the order is confirmed.
We regularly carry out maintenance operations on our Site. It can generate price errors. In this case, the order cannot be fulfilled and CILAO will contact the Purchaser to cancel the order as soon as possible.
The Products remain the property of CILAO until full payment.
Export orders and customs duties
All orders shipped within the European Union do not give rise to customs duties. However, Products are invoiced inclusive of all taxes at the rate applicable in metropolitan France.
All orders shipped outside the European Union and DOM-TOM will automatically be invoiced excluding tax. Import formalities, customs duties and possible taxes, related to the delivery of an article outside the European Union and in the DOM-TOM, are the sole responsibility of the Buyer. They must be paid to the competent authorities of the country of delivery.
CILAO is not obliged to check and inform the Buyer of the applicable customs duties and taxes. To learn what duties and taxes the Buyer will have to support, CILAO advises the Buyer to obtain information from the competent authorities of their country. By ordering on the Site, the Buyer is considered the official importer and bound to comply with all laws and regulations of the country of receipt of the goods. Cross-border deliveries may be subject to an opening and inspection procedure by customs authorities.
The Buyer is solely responsible for verifying the possibilities to import the Products ordered with regard to the law and regulations of the country of delivery.
By accepting the General Terms of Sale, the Buyer declares that they are at least 18 years old and has legal capacity.
The order validation click engages the Buyer in an order process. Validation is considered as irrevocable acceptance of the present General Terms of Sale.
All orders will be validated only after acceptance of payment. CILAO reserves the right to refuse a delivery or to fulfil an order in the event of a payment dispute with the Buyer on a previous order.
CILAO can accept orders within the limits of available stock. CILAO informs the Buyer of the availability of the Products sold on the Site when the order is confirmed. If, despite CILAO's vigilance, the Products are unavailable, CILAO will inform the Buyer by e-mail as soon as possible. The Buyer can then cancel their order and receive reimbursement of the sums already paid. CILAO cannot be held liable for if a Product is definitively or temporarily unavailable, nor shall it give the Purchaser rights for compensation or damages.
CILAO offers different payment methods. Orders are payable in euros. Full payment is due on order by the Buyer who undertakes to pay the price stipulated for the Product(s) ordered including the price of items, as well as shipping and other costs of processing the order. CILAO retains ownership of the item until full payment of the price by the Customer.
a. Payment by credit card
Only payment by one of the following credit cards will be accepted: CB, Visa, Mastercard, PAYLIB. The card is debited when the order is confirmed. The Buyer guarantees CILAO that they have the necessary authorisations to use the card payment method when placing an order.
CILAO implements all necessary means to ensure the security and confidentiality of data transmitted on the Site (including online payment). For this purpose, the Site uses a remote payment and data encryption system in SSL mode (Secure Socket Layer) to avoid sending uncoded data through the network. Moreover, the transaction is carried out via Crédit Agricole's e-transaction banking platform, which is the sole holder of confidential information (card number, validity date) provided by the Purchaser at the time of payment. In order to make credit card transactions as secure as possible, the Site is equipped with the 3DS system, a program created by Visa and Mastercard. Its operation is as follows: after having indicated your banking information, a window opens, you must enter your 3D secure code. This will allow you to authenticate yourself and ensure that it is the cardholder who is making the payment. So even if your bank details were stolen or obtained in any way, they cannot be used without having your personal authentication code.
The communication by the Purchaser of their credit card number constitutes authorization for CILAO to debit their account for the amount of their order.
b. Payment by Paypal
PayPal is a payment service provider specialising in the issuance of electronic money between the Buyer and a third party entity. Paypal ensures the confidentiality of the Buyer's banking information. Thus, the Buyer's financial information is never communicated to us. PayPal encrypts and protects the card number. The Buyer pays online simply by entering their email address and password.
c. Payment by check
The Buyer can send a check payable to CILAO.COM at the following address: CILAO, 70 rue des Frênes, 74600 Seynod, France. The check must be accompanied by the order number. Products ordered are reserved upon receipt of the check. CILAO waits for the check to be cashed before the order is dispatched. Delivery periods only begin to run from the date of actual receipt of payment. The check must be issued by a bank in France. CILAO reserves the right to ask you for a proof of identity and residence in order to authenticate the payment.
d. Payment by bank transfer
When you select bank transfer as your payment method, our bank details will be displayed and will also be sent by email to the address you provided. The transfer must be made in euro and must indicate the order number. Products ordered are reserved upon receipt of the wire transfer. CILAO waits for the wire to arrive before the order is dispatched. For wire transfers, delivery periods only begin to run from the date of actual receipt of payment. International transfers should not be made at shared cost or at the expense of the recipient, they remain the sole responsibility of the Purchaser.
The Products are delivered to the delivery address provided during the ordering process. The Buyer must ensure that they have provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). In case of error in the wording of the coordinates, CILAO cannot be held responsible for the impossibility of delivery or a delay in delivery. In this case the costs incurred for a new delivery will be borne by the Buyer and invoiced. CILAO undertakes to deliver the ordered items as quickly as possible depending on the delivery method chosen and the availability of the items.
The delivery times indicated on the Site are indicative and correspond to the average processing and delivery times. In case several Products are purchased on the same order, the longest deadline for product availability with be the actual shipping date.
Delivery is deemed to have been made as soon as the product is handed over to the Buyer.
CILAO undertakes to inform the Purchaser of the progress of the order processing.
a. Geographical coverage
The Products sold online presented on the Site are delivered in most countries. Harnesses are not shipped to the United States and Canada. CILAO reserves the right to block orders from countries not covered by the offer.
b. Checking the condition of the package at the time of delivery
CILAO recommends that the Buyer check the contents, conformity and condition of the parcel(s) at the time of delivery and in the presence of the carrier. In the event that the Buyer has any doubt whatsoever about the condition or contents of their package, the Buyer undertakes to check the condition of the goods received and to exercise any recourse with the carrier by registered letter with acknowledgement of receipt within ten (10) working days following receipt and to send a copy to CILAO. After this period, the product will be deemed accepted by the Buyer, who can no longer claim a delivery error or an visible defect. The verification of the delivered package is deemed to have been made and may no longer be the subject of disputes, once the Purchaser or any authorized person has received the package. CILAO cannot be held liable under any circumstances.
c. Delay in delivery
If a delay in delivery occurs, or if packages are lost by the carriers, the Buyer must notify CILAO by email or by telephone within ten (10) days following receipt by email of the order confirmation. CILAO will accompany the Purchaser in the process with the carriers. CILAO cannot be held liable for the consequences due to a delay in delivery that is beyond their control.
d. Delivery in case of absence
If the recipient is absent at the time of delivery, the carrier will deposit a notice of passage at the address of delivery indicated by the Purchaser. The order must be collected at the address and according to the conditions indicated by the carrier. In case of non withdrawal within the time limits set by the carrier, the order will be returned to CILAO, which reserves the right to refund the price and shipping costs remain at the expense of the Buyer. In the case of a new shipment, CILAO reserves the right to request payment of shipping costs again.
7. COLLECTION AT THE ANNECY SHOWROOM
Products ordered on the Site can be collected at the Annecy Showroom, 70 rue des Frênes, 74600 Seynod France. This collection method can be chosen via the delivery mode page in the order process. An email is sent to the Buyer when the package is ready to be collected. To collect your product, all you need is your order number and proof of identity.
If the customer cannot come to collect their order in person, the person designated to collect the parcel for the customer must have the Buyer’s proof of identity (original or copy) with them.
8. RIGHT OF WITHDRAWAL
a. Conditions for exercising the right of withdrawal
The right of withdrawal is considered to be correctly applied if the following conditions are fully respected:
- Time limit
The Buyer has a period of fourteen (14) clear days from the date of receipt of the order, to make a request to CILAO (see Section “Return procedure” below). Please note that CILIO takes responsibility for shipment only for returns from mainland France. After contacting customer service, the Buyer has a period of fourteen (14) clear days to return the goods in their initial state following the indications of the return form which will have been sent to the Buyer.
- Condition of the product
The Product must be returned new and properly protected in the original undamaged packaging, accompanied by any accessories, instructions for use and documentation provided at the time of purchase, accompanied by the return form. The delivered Products must not have been used to an extent that exceeds what is necessary to judge their nature, their characteristics and their good working order. CILAO will be obliged to invoice the Buyer a lump sum of 20 euros if the original packaging was used as a return shipment box. No returns will be accepted if the returned products have been visibly used or damaged by the Buyer and such use or damage renders the products unfit for re-sale.
Attention, the following articles will neither be taken back nor exchanged: personalized products or products made according to specifications required by the Purchaser.
If a set is returned, the Buyer must return the entire pack. It is not possible to return any part of the pack.
In order to exercise their right of withdrawal, the Buyer must return the items offered as part of a promotional operation.
b. Return procedure
The Buyer shall contact CILAO customer service by email at firstname.lastname@example.org. A return form to put in the package and a shipment slip to stick directly on the package will be sent by email to the Buyer to return the Product(s) free of charge. Returns outside metropolitan France are at the Buyer's expense. Those who have received the prepaid “Colissimo” transport label can drop off their parcel at a post office or a collection point. There are 6,000 So Colissimo collection points in local shops all over metropolitan France with varying opening hours. Returns are carried out under the entire responsibility of the Buyer and any risk related to the return of the goods (deterioration, theft, breakage) will be borne by the Buyer. CILAO cannot be liable for customs duties which the Buyer must fulfil when returning and forwarding the parcel. Goods returned with shipment costs due upon delivery will not be accepted. Upon receipt of the returned package, the conformity of the return is checked. No returns will be accepted if the returned Products have been visibly used or damaged by the Buyer and such use or damage renders the products unfit for re-sale. CILAO will then contact the Buyer to bear the costs to return the product back.
You can download the return form in PDF format HERE.
c. Return Processing
Subject to acceptance of the return, CILAO will refund the Buyer within a maximum of fifteen (15) days from receipt of the return by CILAO.
The refund will be made to the billing address registered at the time the order was placed by the Buyer and via the means of payment used for payment of the order.
9. CUSTOMER SERVICE & WARRANTY
To be able to take advantage of the product warranty, the Product’s proof of purchase must be kept.
a. Contractual warranty
CILAO brand products are under a 3-year warranty. Beyond three years CILAO can carry out certain repairs upon request after an estimate. For the Products other than CILAO-brand products available on the Site, the warranty is given by the various manufacturers of each of the products.
Below is the Customer Service Department’s Warranty Claim procedure:
1- Send a photo even if the defect is not visible and a precise description of the problem by email to the address email@example.com. Please specify the order number.
2- CILAO will then send a customer service return request to send with the package.
3- Send the clean product with the return form and a copy of the proof of purchase. Return expenses are borne by the Buyer and many be refunded after the warranty claim is deemed valid.
4a- For CILAO-brand Products, CILAO performs a detailed expertise of the product and makes sure that the defect does not come from an abnormal use of the product.
4b- For Products that are not CILAO brands, CILAO sends the product to their supplier for analysis and validation of the warranty claim. The supplier ensures that the defect is not caused by abnormal use of the product.
5- CILAO informs you of the decision or the supplier’s decision.
For information, customer service claims are processed within four to eight weeks.
b. Legal Warranties
All Products offered by CILAO are subject to the application of legal guarantees of conformity (articles L.211-4 to L.211-14 of the Consumer Code) and hidden defects (articles 1641 to 1649 of the Civil Code). To place a warranty claim, the Buyer must contact CILAO by e-mail at firstname.lastname@example.org, by telephone at +33 (0)4 50 64 94 77 or by registered mail with acknowledgement of receipt to the address: CILAO, 70 rue des Frênes, 74600 Seynod, France.
Applicable regulations are provided (ORDER 2005-136 DATED 17 FEBRUARY 2005, FRENCH CONSUMMER CODE, CIVIL CODE)
Article L. 211-4. of the Consumer Code
The seller is obliged to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They shall also be liable for defects in conformity resulting from packaging, assembly or installation instructions where the latter has been placed at their expense by the contract or has been carried out under their responsibility.
Article L. 211-5. of the Consumer Code
- To be in conformity with the contract, the good must:
1° Be fit for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that they presented to the Customer in the form of a sample or model;
- present the qualities that a Customer can legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the seller's attention and that the latter has accepted.
Article L. 211-12. of the Consumer Code
The action resulting from the lack of conformity is limited to two years from the delivery of the goods.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use so much, that the Customer would not have acquired it, or would have given only a lower price, if they had been aware of such information.
Article 1648 paragraph 1 of the Civil Code
The Buyer must make a claim for the defects within two years of the discovering the defect.
Contractual warranties do not cover:
- abnormal or improper use of the products. The Buyer must carefully consult the instructions supplied with the Products,
- defects and their consequences linked to use not in accordance with the use for which the product is intended,
- defects and their consequences related to any external cause.
The products offered on the Site comply with current French legislation and standards. CILAO cannot be held liable for the non-performance or improper performance of the contract concluded between the parties from a case of force majeure, the occurrence of an event attributable to the Purchaser or any inconvenience, foreseeable and insurmountable damage inherent to using the Internet. CILAO cannot be held liable for any indirect damage which may occur because of the purchase of the products.
The photographs, graphics and descriptions accompanying the products non-binding and therefore do not engage the responsibility of CILAO.
As the Site is hosted by an external service provider, CILAO cannot be held responsible for any interruption of the Site's service, the occurrence of bugs, inaccuracies or omissions relating to information available on the Site or for any damage resulting from fraudulent intrusion by a third party that has altered the information on the Site.
For all steps to access, consult, fill forms, place orders on the Site, as well as delivery of items or any other service, CILAO is bound only within the limits of due care.
Consequently, CILAO cannot be held liable for any inconvenience or damage inherent to the use of the Internet network (loss of data, files, etc.) entirely beyond the diligence and precautions taken by CILAO. CILAO is not liable for the content of sites to which hypertext links may refer from its own Site, as they are unable to control content therein.
11. APPLICABLE LAW, DISPUTE RESOLUTION
The present General Terms of Sale shall be executed and interpreted in accordance with French law. In the event of a dispute, the parties will seek an amicable settlement before any legal action. The Buyer can contact the CILAO customer service by email at email@example.com or by phone at +33 (0)4 50 64 94 77. In the absence of an amicable settlement, exclusive jurisdiction is attributed to the courts of the jurisdiction of CILAO's head office.