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Terms of use for the cinq58.fr website
Preamble
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the sale of goods offered by Arts et Soies in France. Any order placed for a product implies prior consultation and acceptance of these terms and conditions. Consequently, the buyer acknowledges that they are fully aware that their agreement to the content of these terms and conditions does not require a handwritten signature on this document. The buyer declares that they have full legal capacity to commit to these terms and conditions.
ARTICLE 1: Purpose
The purpose of these “terms and conditions of use” is to provide a legal framework for the use of the website https://cinq58.fr/ and its services. This contract is concluded between: The manager of the website, hereinafter referred to as “the Publisher,” Any natural or legal person wishing to access the website and its services, hereinafter referred to as “the User.” The general terms and conditions of use must be accepted by all Users, and access to the website implies acceptance of these terms and conditions.
ARTICLE 2: Legal notices
For legal entities: The website https://cinq58.fr/ is published by Arts et Soies en France, a simplified joint stock company with capital of €2,000, whose registered office is located at 47 Grande Rue, 42470 FOURNEAUX. The company is represented by Mr. Olivier PELLERAY, in his capacity as president.
ARTICLE 3: Access to services
Users of the site have access to the following services:
- Sale of products
Any User with internet access can access the site free of charge from anywhere. The costs incurred by the User to access the site (internet connection, computer equipment, etc.) are not borne by the Publisher. The site and its various services may be interrupted or suspended by the Publisher, in particular for maintenance purposes, without any obligation to give prior notice or justification.
ARTICLE 4: User Responsibility
The User is responsible for the risks associated with the use of their login ID and password. The User's password must remain secret. In the event of password disclosure, the Publisher declines all responsibility. The User assumes full responsibility for their use of the information and content on the site. Any use of the service by the User that directly or indirectly results in damage shall be subject to compensation to the site.
ARTICLE 5: Publisher's Liability
The Publisher cannot be held liable for any server or network malfunction. Similarly, the site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable actions of a third party. The site undertakes to implement all necessary measures to guarantee the security and confidentiality of data. However, it does not provide a guarantee of total security. The Publisher reserves the right not to guarantee the reliability of sources, although the information published on the site is deemed reliable.
ARTICLE 6: Intellectual Property
The contents of the site (logos, texts, graphics, videos, etc.) are protected by copyright under the Intellectual Property Code. The User must obtain the site publisher's authorization before reproducing, copying, or publishing any of these contents.
ARTICLE 7: Personal data
Users must provide personal information in order to register on the website or make a purchase.
The user's email address may be used by the site to communicate various information and manage the account.
cinq58.fr guarantees respect for the user's privacy, in accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files, and freedoms.
Under Articles 39 and 40 of the law dated January 6, 1978, the User has the right to access, rectify, delete, and object to the use of their personal data. The User may exercise this right via:
A contact form;
By email to contact@cinq58.fr;
By post to 47 Grande Rue, 42470 FOURNEAUX.
ARTICLE 8: Hypertext links
The Publisher is not responsible for the content of websites linked to from this site, as it has no control over these links. Third parties may create links to pages on this site without the Publisher's express permission.
ARTICLE 9: Changes to the general terms and conditions of use
The site reserves the right to modify the clauses of these general terms and conditions of use at any time and without justification.
ARTICLE 10: Term of the contract
The term of this agreement is indefinite. The agreement shall take effect with respect to the User from the start of use of the service.
ARTICLE 11: Applicable law and competent jurisdiction
This contract is governed by French law. In the event of a dispute between the User and the Publisher that cannot be resolved amicably, the courts of ROANNE shall have jurisdiction to settle the dispute.
Article 12: Price
Prices are quoted in euros. They do not include delivery costs, which are charged as an extra. Prices include VAT on the order confirmation, applicable on the date of the order. Cinq58.fr reserves the right to change its prices at any time, but undertakes to apply the prices in force on the date of order confirmation.
Article 13: Ordering procedures
The buyer can place an order:
Online at https://cinq58.fr/
Regardless of the ordering method, the buyer must specify:
The date of the order
Their first and last names
The delivery and billing addresses
Their email address
The product references, description, and number of units for each reference
The total price
The payment method
The order confirmation date corresponds to:
For a buyer, the date of receipt of the order confirmation by the customer.
Article 14: Payment method and security
The buyer guarantees Arts et Soies en France that they have the necessary authorizations to use their chosen payment method when confirming their order.
14-a. Buyer:
Arts et Soies en France issues an invoice on the date the supplies are made available. The buyer shall pay their invoice within 30 days using one of the payment methods listed below. In the event of non-compliance with the due date, the debt shall be increased by penalties, calculated from the due date until the date of payment at a rate equal to one and a half times the legal interest rate plus an increase in collection costs.
As an exception and at the discretion of Arts et Soies en France, the order will only be validated after receipt of payment. The buyer may make payment using one of the following methods:
14-b. Payment methods:
- By credit card via the website
Arts et Soies en France reserves the right to suspend any order processing and delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment.
Bio Composants Médicaux reserves the right to refuse to make a delivery or honor an order from a buyer who has not paid for a previous order in full or in part, or with whom a payment dispute is ongoing.
The customer hereby accepts:
- Oney's General Terms and Conditions of Sale, accessible via this link
- Oney's Legal Notice, accessible via this link
Article 15: Product availability and shipping
Products available in stock are shipped within 48 hours after order confirmation. In case of unavailability, Arts et Soies en France undertakes to inform the buyer of the delivery date by email within 48 hours of receiving the order.
Article 16: Delivery terms and times
16-a: Delivery terms and costs:
Products are delivered by postal service to the address provided by the buyer when placing the order.
16-b: Carrier delivery times:
Average delivery times provided by the carrier: 2 days for mainland France, 4 days for the European Union and other European countries. For international orders and French overseas departments and territories, the delivery time is specified in the order confirmation. This time is in addition to the shipping time.
16-c: Backorders
Buyers will not be charged shipping costs for backorders when Arts et Soies in France is unable to deliver a complete order.
Article 17: Electronic signature (law of March 13, 2000 on electronic signatures)
Any purchase order signed by the buyer by clicking “confirm” constitutes an irrevocable acceptance that can only be challenged within the limits set out in these general terms and conditions of sale. Arts et Soies en France reserves the right to cancel an order if it contains one or more incorrect items.
Article 18: Proof of transaction
The computerized records stored in the computer systems of Arts et Soies in France under reasonable security conditions shall be considered as proof of communications and orders between the parties. Order acknowledgments and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 19: Delivery problems caused by the carrier
19-a: The buyer is required to check the condition of the packaging and the goods upon delivery. Any anomaly concerning the delivery (product missing from the order form, damaged package, broken products, etc.) must be reported to the carrier within two business days of the delivery date by registered mail with acknowledgment of receipt, setting out the said complaints. The buyer must send a copy of this letter to Arts et Soies in France.
19-b: If the products need to be returned to Arts et Soies in France, the buyer must submit a return request to Arts et Soies in France within two business days of the delivery date, specifying the references, the number of products, and the cause of the damage. Any claim made after this period will be rejected. This return request may be made to Arts et Soies in France by email to contact@cinq58.fr
19-c: Any return request not made in accordance with the rules defined above and within the specified time limits cannot be taken into account and will release Arts et Soies en France from any liability towards the buyer.
19-d: Upon receipt of the complaint, Arts et Soies in France will assign a return number for the product(s) concerned and communicate this to the buyer by email or telephone. A product can only be exchanged after the buyer has been assigned a return number in accordance with the procedure described above.
19-e: Any product to be exchanged must be returned to Arts et Soies en France in its entirety and in its original packaging, by registered mail, to the following address: Arts et Soies en France - 47 Grande Rue, 42470 FOURNEAUX, accompanied by the return number. Shipping costs are the responsibility of Arts et Soies en France, except in cases where the returned product does not correspond to the original declaration made by the buyer when requesting the return.
Article 20: Delivery errors or non-compliance
20-a: The buyer must notify Arts et Soies in France within two business days of the delivery date of any claims regarding delivery errors and/or non-compliance of the products in terms of type or quality compared to the information on the order confirmation. The buyer shall specify whether they wish to exchange or be refunded for the product(s). Any complaint made after this period will be rejected.
20-b: This complaint may be made to Arts et Soies en France by email to contact@cinq58.fr or by post to Arts et Soies en France.
20-c: Any complaint not made in accordance with the rules defined above and within the specified time limits cannot be taken into account and will release Arts et Soies en France from any liability towards the buyer.
20-d: Upon receipt of the complaint, Arts et Soies en France will assign a return number for the product(s) concerned and will communicate this to the buyer by email or telephone. A product can only be exchanged after the buyer has been assigned a return number in accordance with the procedure described above.
20-e: Any product to be exchanged or refunded must be returned to Arts et Soies en France in its entirety and in its original packaging, by registered mail, to the following address: Arts et Soies en France - 47 Grande Rue, 42470 FOURNEAUX, accompanied by the return number. Shipping costs are the responsibility of Arts et Soies en France, except in cases where the returned product does not correspond to the original declaration made by the buyer. In the event of a refund, Arts et Soies en France will make every effort to refund the buyer within 15 days. The buyer will then be refunded by bank transfer or check.
Article 21: Product warranty
In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions herein cannot deprive the buyer of the legal warranty that obliges the professional seller to guarantee the buyer against all consequences of hidden defects in the item sold.
Article 22: Force majeure
Neither party shall be deemed to have failed to fulfill its contractual obligations if their performance is delayed, hindered, or prevented by unforeseeable circumstances or force majeure. Any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as a fortuitous event or force majeure. The party affected by such circumstances shall notify the other party within ten working days of the date on which it became aware of them. The two parties shall then meet within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the injured party. In addition to those usually retained by the jurisprudence of French courts and tribunals, the following are expressly considered as cases of force majeure or fortuitous events: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 23: Partial invalidation
If one or more provisions of these terms and conditions are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.
Article 24: Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted in the future as a waiver of the obligation in question.