TCS

Terms and Conditions of Sale

 

You are connected to the site http://www.lecloutordu.com of artistic duo « Le Clou Tordu ».

Any order under a product appearing in the online store « Le Clou Tordu » requires prior consultation of these general conditions of sale.

You can order only if you agree all the provisions below.

All orders will be exclusively governed by these terms and conditions, to the exclusion of any other condition of purchase.

Click of validation that you run after completing your order is confirmation of your order and irrevocable acceptance of these terms.
Click manifest your agreement is final for « Le Clou Tordu » for items that you have selected, subject to your right of withdrawal as referred to in Article 16.

Preambule

The offer of this e-shop is given by « Le Clou Tordu ».
« Le Clou Tordu » is represented by Ms. Céline Caux.
The catalog provides the following information:

Identification :
54, rue Maryse Bastié
62200 Boulogne-sur-Mer
France
N°SIRET : 535 126 494 00017
TVA intra : Non Applicable
Tel : (33) (0)9 81 79 41 16
Email : contact@lecloutordu.com

• Presentation of the essential characteristics of the goods and services offered.
Indication of the total price to pay for goods and services in Euros. Prices do not include participation in shipping.
• The conditions of payment, delivery or performance.
• Existence of a right of withdrawal
• Validity of the offer and the price.

All information contained in www.lecloutordu.com website are in French. However the customer has the possibility to opt for a different version of presentation of the shop and catalog in English.
The customer acknowledges that, prior to placing the order, read all of the above information and terms and conditions.
The client prior to ordering the product, said that the acquisition of the product is not directly related to his professional activity, their acquisition is reserved for personal use from him.
As a consumer, so the customer has specific rights, which would be compromised in the event that products acquired as part of the electronic store would actually related to his professional activity.
He claims to be able to engage under these terms.

1-Subject

These terms and conditions are intended to define the rights and obligations of the parties under distance selling of goods offered in this online store with « Le Clou Tordu ».

2-Cover offers

The geographical area covered by the offer of the shop « Le Clou Tordu » is modeled on the World and offers French Post rates applicable from March the 1st 2009.

3-Contractual documents

This contract is formed, in order of decreasing legal value, the following documents:
• the general conditions of sale
• the order

The photographs illustrating the products on the Site are not contractually binding. If errors or alterations resulting from the processing of these photographs were introduced there, the responsibility of « Le Clou Tordu » can in no case be liable for doing so.

4-Order form

Any order signed by the click of validation is an irrevocable commitment by the customer that can not be questioned in cases restrictively provided in this Agreement to Articles « Right of withdrawal  » and  « Run the command ».

5-Order Confirmation

The contract is not concluded until the confirmation of the order by « Le Clou Tordu ».

The customer will receive an email acknowledgment of receipt of the order confirmation with all elements of the contract (ordered products, prices, delivery, shipping, …)

« Le Clou Tordu » reserves the right not to confirm an order for any reason whatsoever, including holding either a product supply problem, or a problem with the order received.

6-Time Offer

The offers contained in this site are valid as products relating thereto remain online while supplies last.

7-Price and Invoice

Prices are in Euros.

The amounts expressed in dollars or in other currencies are indicative only. The exact amount will depend on the dollar or the currency concerned at the time of payment.The guaranteed price to the buyer is the one displayed on the Website at the time of purchase.

The fixed price when buying is firm and final.

It does not include the fee charged extra delivery and will be indicated in the order confirmation.
For delivery within the European Union, the prices include the VAT applicable on the date of the order. They are shown including VAT.

No other duties or VAT to be paid for delivery within the European Union. Any change in the applicable rate may be reflected in the selling price of products in the catalog.

For deliveries outside of the European Union, the customer must pay customs duties, VAT or other taxes due in connection with the importation of goods into the country of the place of delivery.

Formalities relating thereto are the sole responsibility of the customer, unless otherwise indicated. The customer is solely responsible for the verification of import of products ordered under the law of the territory of the country of delivery.

An invoice will be established by « Le Clou Tordu ». The customer must specify the sending of the invoice address.

8-Payment

Payment of the full price is due upon order.

The customer agrees to pay the stated price for the product ordered on the Website (product prices and transportation) and to pay or make appropriate adjust, and the forwarding agent or carrier, human customs, VAT or other taxes due in connection with the importation of goods into the country of the place of delivery.

The customer pays the order by credit card or by other means available on the Website.

The customer guarantees « Le Clou Tordu » it has the necessary authorizations to use the payment card when placing the order.

9-Failure to pay - Retention of title

Ordered products remain the property of « Le Clou Tordu » until full and final payment of the price in accordance with the terms of Law No. 80335 of May the 12th 1980. « Le Clou Tordu » reserves the right to reclaim the goods ordered in default of payment.

In this case and on first request « Le Clou Tordu », the client agrees to return any product not paid all at his own expense.

10-Transfer of Risk

The transfer of risk to the customer upon delivery of the products by « Le Clou Tordu » to the carrier. Products travel at the risk of the client. It is the same when sending or returning goods carriage free.

During the withdrawal period referred to in Article 16 below, the customer is responsible for the thing as a guardian. In case of damage or destruction of the product for the customer’s custody, it will suffer the consequences.

11-Command Execution

The command will be executed within the time specified on the Site and upon confirmation of the order by « Le Clou Tordu » and in any case not later than thirty(30) days after the confirmation of the order subject to availability product ordered and unless otherwise agreed between the parties.

In case of shortage or unavailability of the product ordered, « Le Clou Tordu » undertakes to inform the customer as soon as possible and to indicate a period of availability.

The customer will confirm by e-mail at its option, wait for the availability of the product is to be reimbursed.

12-Shipping

The geographical area of delivery correspond to the geographical area covered by the offer.

The products are delivered to the address specified by the customer on the order form.

Delivery shall be deemed made upon delivery of the product to the carrier.

The delivery note delivered by the carrier, dated and signed by the customer upon delivery of the product constitute evidence for transport and delivery.

Upon delivery, the customer must verify the content, conformity and condition of the product.

In case of delays, damages, total or partial, or some other problem losses, it is the customer take action against the carrier without the responsibility of « Le Clou Tordu »can never be questioned.

Therefore, upon delivery, « Le Clou Tordu » advises the customer to make a finding on the state of the products delivered before signing the acknowledgment of receipt.

If it finds any anomalies, it must refuse the delivery of products or make specific handwritten reserves, and dated. These reservations must be confirmed with the carrier by registered letter with acknowledgment of receipt within three(3) business days after delivery of the products. A copy will be sent to « Le Clou Tordu ».

13-Force majeure

Expressly considered as cases of force majeure, in addition to those usually retained by the jurisprudence of French courts and tribunals,

– Total or partial strikes, internal or external to the company, blocking of means of transportation or supplies for any reason whatsoever, legal or governmental restrictions, computer failures, including blocking of telecommunications networks including Internet.

The occurrence of a force majeure suspend, at first, by right, the execution of the order.

If after a period of three(3) months, the parties note the persistence of force majeure, the order will be canceled, unless otherwise agreed by both parties.

14-Withdrawal of products in the absence of the client

In case of absence at the time of delivery, the carrier will leave a notice at the delivery address specified by the customer. The products must be collected at the address and in the manner specified by the carrier.

If not collected in a timely manner by the carrier, the product will be returned to « Le Clou Tordu »which reserves the right to refund the product price, postage to be borne by the customer.

15-Claims

Claims for non-conformity of the goods with the order shall be made in writing directly to the « Le Clou Tordu » and immediately upon receipt. The customer must keep the packaging and the delivery.

In case of error on the product, the customer agrees to return the product or products concerned within seven(7) days of receipt in « Le Clou Tordu » on condition that they be sent without opening their packaging in their original condition and with the supporting documents package.

Upon receiving the product in good and due form, « Le Clou Tordu » will, at its expense, the product initially ordered.

16-Right of withdrawal

The customer has, within seven(7) working days of delivery of the order, a right of return, at its expense, for exchange or refund, products that do not suit him pursuant to Article L 121-16 of the French Consumer Code.

If this period expires on a Saturday, Sunday or a holiday, it is extended until the next business day.

The returned product must be in its original condition and packaging. It should not have been used, or have suffered any damage, and it is to be in a state of perfect cleanliness.

This right of withdrawal is without penalty, except for return shipping costs.

Within a maximum period of thirty(30) days from receiving the product, the customer will be refunded the amounts paid. To this end, it shall notify its bank details to « Le Clou Tordu ».

17-Nominatives informations

The personal information requested from the customer is essential for processing and delivering orders, preparing invoices and any collateral. For these purposes, this information may be provided to contractors « Le Clou Tordu ».

The customer may object to such disclosure and in accordance with the  « Informatique et Libertés » french law (Law of January the 6th 1978), it has a right of access, modification, rectification and deletion of data which concern in addressing

Le Clou Tordu – 54, rue Maryse Bastié – 62200 Boulogne-sur-Mer – France
Tel: (33) (0)6 19 65 24 41 – E mail: contact@lecloutordu.com

18-Signature

The « approval click » constitutes an electronic signature.

This electronic signature between the parties has the same value as a handwritten signature.

19-Evidence

The records stored in computer systems « Le Clou Tordu » in conditions of reasonable safety will be considered proof of communications, orders and payments between the parties.

The filing of purchase orders and invoices is made on a reliable and durable can be produced as evidence.

20-Intellectual Property

« Le Clou Tordu » holds the intellectual property rights on the site and the right to display the items on the catalog of the online store including photographs for which it has received the necessary approvals of the persons concerned or is it- same author.

Consequently, the partial or total reproduction, on any media whatsoever, the components of the site and the catalog, their use and their provision of third parties are strictly prohibited.

All works, without exception, presented on the Website are the total intellectual property « Le Clou Tordu ».

21 - Entire Agreement

These terms and conditions constitute the entire obligations of the parties.

Any other general or special conditions mentioned by the customer may be incorporated or waive these terms.

22-Non-waiver

The fact that « Le Clou Tordu »not to claim a breach by the Client of any of its obligations could be construed as a waiver of the requirement concerned and to take advantage of this failure later.

23-Revocation

If one or more provisions of these terms and conditions is held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.

24-Dispute

This contract is subject to French law, both substantive rules for the rules of form.

IN THE EVENT OF LITIGATION AND FAILURE OF MUTUAL AGREEMENT BETWEEN THE PARTIES IS EXPRESSLY GRANTED JURISDICTION COURT SPRING OF RESIDENCE OF « LE CLOU ToORDU » NOTWITHSTANDING CALL MULTIPLE DEFENDANTS OR WARRANTY, EVEN FOR EMERGENCY PROCEDURES OR PROTECTIVE PROCEEDINGS FOR INTERIM OR BY APPLICATION.