1. Relationship between the Buyer and CLESSANT
The General Sales Conditions aim at managing the contractual relationship between the Buyer (hereafter the “Buyer”) and CLESSANT (hereafter « CLESSANT »).
A French corporation (SAS), with share capital of EUR 15 000
Having its registered office at 361 Rue de Clessant - 38530 CHAPAREILLAN - FRANCE
R.C.S GRENOBLE 812 568 749 – European VAT : FR 35 812 568 749
Phone: 06 68 16 62 29
As a consumer of CLESSANT’s product, the Buyer, acknowledges and guarantees:
- That he/she have read the General Sales Conditions
- To be of age or authorized under the law of his/her country of residence to purchase or acquire such Product, and he/she is aware of the legal regulations framing this contract
- That he/she has the right under the law of his/her country of residence to carry out an order and to receive delivery in the indicated venue
- That he/she agrees with, and don’t object with any clause or part of the General Sales Conditions
- That he/she understand that an order implies the full acceptance of the General Sales Conditions
- To be fully aware that any order implies an obligation to pay
The Buyer understands that his/her action of placing an order, purchasing or acquiring one or several CLESSANT Products involves that he/she read, understood and agreed with the General Sales Conditions (hereafter “Conditions”) without reserve, objection or contestation
It is understood between the parties that the words written with a Capital letter and bold (Buyer, Product, Parties) are to be defined as follow:
Buyer: refers to a person complying with all legal provisions requested to enter into this agreement and who has placed one or several orders of one or several Products by means of the Internet through CLESSANT website. The Buyer is asked to provide accurate information when personal information is requested before placing an order.
Product: designates a good that can be subject to an order on the website.
Parties: The Buyer and CLESSANT.
The General Sales Conditions are applicable to all means, mediums and actions enabling (i) the presentation of an offer to the Buyer especially through the website published by CLESSANT (ii) the acceptation of this offer through the Contract conclusion and (iii) performance of the Contract.
This version (V1) of the General Sales Conditions is valid from its publication to the next version published on CLESSANT website.
5. Modifications of the General Sales Conditions
It is understood between the parties that CLESSANT keeps the right and possibility to modify or change, in any case, all or part of these General Sales Conditions to reflect changes to the law or any applicable regulation, changes to the Products and Services or any event which is deemed sufficient by CLESSANT to command such revisions. Any new version of the General Sales Conditions replaces the previous General Sales Conditions. Changes will not apply retroactively, which means that any order is subject to the General Sales Conditions version applicable at the time of placing an order.
6. Process of the order and formation of the Contract
6.1. Description of the Products - Price - constitutive elements of the Offer6.1.1. Description of the Products
Each Product is subject to a description on CLESSANT Website. Only the applicable General Sales Conditions, the descriptions, characteristics, features presentations and prices that CLESSANT publishes directly on its website, shall be seen as constituting the description of the Product approved by CLESSANT.
The Buyer is fully responsible to verify the compatibility of the Product(s) as they are described in the above mentioned listed elements with his own needs or to those he intends to use the Product for.
Both parties agree that photography and videos illustrating the Products cannot, in any case, constitute a contractual document or mean of information and that they are only provided for illustration. These must not be considered as a determinant element of the Buyer’s consent to place and order.6.1.2. Prices
Prices listed do not include any possible Delivery and shipping expenses. Shipping expenses will be mentioned as such before finalization of the order. They will be clearly expressed as an addition to the cost of the Products ordered unless otherwise indicated.
CLESSANT draws Buyer's attention to the fact that the sale price never includes possible customs duties and related taxes on import. Also, the legislation applicable to the Buyer can impose certain taxation that CLESSANT do not collect. It is the entire responsibility of the Buyer to pay such taxes or customs duties at his own expense as well as fully complying with applicable regulations.
The prices listed on CLESSANT website include the VAT for the products sent to an address inside the European Union. For products sent outside the European Union no sales taxes are included.
The prices listed on CLESSANT Website may be in a currency that does not correspond to the currency within Buyer State/country. CLESSANT will not, in any case, bear the cost of the exchange of currency. The Buyer must pay additional costs resulting from such change of currency.
The total price that Buyer have to pay to CLESSANT includes the price of the Product, the related delivery expenses and when expressly mentioned, the before mentioned taxes. Those elements are indicated on the summary page of the order.
The prices that CLESSANT offers could be modified at any time. Only the prices that are presented at the moment the Buyer place an order are applicable.6.1.3. Elements of the order
The above mentioned elements determine the offer by which CLESSANT is bound to when accepted by the Buyer. The sales offered via internet that CLESSANT presents to Buyer are valid, within the limits of CLESSANT available stock, as long as they are accessible on the Website.
CLESSANT cannot, in any case, be liable for any other offer than the one directly expressed on its website.
6.2. Buyer Identification - Delivery address and Invoice
To place an order, the Buyer can use an existing account, create a new account, or place an order without creating an account. It is imperative that the Buyer communicates all requested information accurately, including but not limited to his/her name, complete address, and phone number. Such information is needed by CLESSANT in order to carry out the adequate order and delivery.
By providing erroneous/false information, the Buyer waives all his/her rights to claim any related breaches of contracts in case CLESSANT fails to perform its obligations consequently to Buyer’s failure.
Should the Buyer create an account, the Buyer is requested to follow a set of requirements in order to avoid that a third party will have access to his/her account. Therefore, the Buyer has to verify that his/her password is sufficiently secured (composed with enough characters, mixed cases, varied alphanumerical characters, etc.), and that he/she disconnects his/her session when he/she disconnects from the Site. CLESSANT cannot be held responsible for Buyer’s failure to provide a sufficiently secured password in case this password is hacked or violated by any third party.
CLESSANT cannot be held liable in case a third party accesses the Buyer's data by using his/her login and password. Any Connection to his account from a third party is his/her own responsibility.
6.3. Order – Verification of the offer
When CLESSANT has the information required (1) to establish the invoice for the Buyer’s order, (2) to identify the Buyer as the person that has placed the order and (3) to enable CLESSANT to carry out the Delivery, CLESSANT will propose the Buyer different Delivery options. The Buyer is requested to choose one of them. The order will be invoiced according to the indicated cost.
The delivery mean will be set similarly for all the Products bought simultaneously on CLESSANT website. The indicated cost will be valid for the set of Products. If the Buyer wants Products to be shipped following different modalities he/she is requested to place multiple orders.
In order to have full knowledge of the cost of the order (products and delivery costs), the buyer has to go to the checkout tab of the website. The total indicating the cost that the Buyer will effectively pay in the framework of his/her order will be displayed.
By clicking on the button “Continue” the Buyer will be asked to choose the mean of payment. Following this choice, the Buyer will be asked to fulfill the form that will allow CLESSANT to identify and proceed to the Payment with the mean of payment that the Buyer has chosen.
6.4. Payment – Means of payment security
CLESSANT put at the Buyer disposal different means of payment allowing the Buyer to pay his order. These are indicated during the order process.
The Buyer has the option to pay for his order with a payment card and/or credit card. The transactions are carried out through a transaction encashment platform (allowing the payment to be carried out) such as BE2BILL.
The whole means of payment are published and carried out by third party companies. Therefore, CLESSANT never has access to the Buyer bank data.
6.5. Finalization of the order – Conclusion of the Contract
In order to fulfill the Buyer’s order correctly, CLESSANT provides the Buyer with a summary of the relative information of his/her order hence allowing the Buyer to verify the details he/she had entered. Before clicking the button allowing the Buyer to place his/her order and to express his acceptance, the Buyer will be given the possibility to modify the address of the invoice, the address of delivery, the desired shipping method, and the goods in his/her basket.
To complete the order, the Buyer must click on “place an order”. The Buyer is fully aware that the fact of placing an order implies an obligation to pay. Payment is direct. The lack/default of payment prevents the fulfilment of the order but do not cancel the order. As soon as the order is completed, the Buyer will immediately receive an identification number for his/her order.
This order confirmation concludes the contract between CLESSANT and the Buyer.
The conclusion of this contract implies:
- the Buyer's Acceptance of an offer presented by CLESSANT via its Website, without the simultaneous presence of the Parties and by the exclusive recourse of one or several mediums;
- Acceptance of these General Sales Conditions;
- Unless otherwise expressly allowed by CLESSANT, the acceptance of the immediate payment of the sale cost in its integrality.
An email with the acknowledgement of the order, the Buyer acceptance, and the payment of the order is forwarded by CLESSANT at the earliest convenience at the email address that the Buyer has indicated during the order process.
A second email will be sent to the same address when the order is completed.
Communication filing, purchase orders, and invoices are stored on CLESSANT servers enabling both parties to have a copy of all the elements of the conclusion of the contract. The Buyer can have access to all elements of the order via his/her personal account.
7. Delivery of the Products
7.1. Time of delivery
Unless CLESSANT has notified the Buyer otherwise, CLESSANT will deliver the purchased Products no later than 30 days from the conclusion of the contract and payment of the order.
This 30-day period is augmented by 21 days in case of the necessity of a CITES export permit (products made from hides such as crocodile, alligator, lizard etc..).
7.2. Conditions of Delivery– Prerequisite
Delivery (hereinafter the “Delivery”) may be understood as the physical possession or control of the Product. Delivery will be deemed fulfilled the day on which:
- The Product will be delivered at the postal address notified by the Buyer;
- The Product has been physically delivered to the Buyer;
The risk of loss or damage to the Product shall pass to the Buyer when the Buyer has acquired the physical possession of the Product.
Any claim relating to an error or defect in Delivery must be made as soon as possible.
7.3. Delivery failure
Unless otherwise specified by any mandatory legal provision, CLESSANT would be held to charge the Buyer for the completion of a new shipment if any failure of Delivery occurs for a reason for which CLESSANT or the carrier charged to make the delivery is not responsible.
7.4. Delay in Delivery
The Buyer shall be entitled to terminate the contract if Delivery it not carried out:
- within thirty (30) days from the conclusion of the contract and payment of the Buyer order (except in case of CITES export permit -> +21 days);
- Or if the product hasn’t been delivered after more than thirty (30) days after the delivery date given by CLESSANT at the time of the order (i.e bespoke, custom products and out of stock products).
However, prior to this contract resolution, the Buyer shall call upon CLESSANT to make the Delivery within an additional period of time appropriate to the circumstances. If CLESSANT fail to deliver the Product within that additional period of time, the Buyer shall be entitled to terminate the contract by sending a notification by registered letter with an acknowledgment of receipt, on any other durable media.
Unless CLESSANT has proceeded to the Delivery, in the meantime, the contract may be considered as terminated when receiving the letter or written statement notifying the Buyer’s decision to terminate the contract.
If the contract is terminated in the conditions specified in this article, CLESSANT will reimburse the Buyer all payments received when purchasing the Product without undue delay and in any event no later than 14 days from the day on which the Buyer has communicated to CLESSANT his/her decision to terminate the contract.
8. Consumer legal Right of withdrawal
Any Consumer living within the European Union will be subject to the provision attached to Directive 2011/83/EU of the European Parliament and of the council of 25 October 2011on Consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council
The Buyer has the right to withdraw from this contract within 14 days. This period shall expire from the day on which the Buyer has been delivered with the Product.
In the case of a delivery of a good consisting of multiple lots or pieces or delivered separately, the day on which the Buyer acquires physical possession of the last lot or piece.
8.2. Exceptions form the right of withdrawal
The Buyer shall not be granted with the right of withdrawal in the following:
- The supply of goods made in accordance with the Buyer specifications or clearly personalized (example: bespoke products);
- The supply of goods which are liable to deteriorate or expire rapidly;
- The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
8.3. Exercise of the right of withdrawal and Product return.
The Buyer has the right to withdraw from this contract within 14 days without giving any reason. The Buyer must inform CLESSANT of his decision to withdraw from this contract by an unequivocal statement. The burden of proof lies with the Buyer. Therefore, CLESSANT strongly recommend that the Buyer made such notice by a registered letter with an acknowledgment of receipt to CLESSANT registered office.
CLESSANT customer service contact:
Phone: 06 68 16 62 29
If the Buyer exercise his right of withdrawal, the Buyer shall send back the Products without undue delay and in any event no later than 14 days from the day on which the Buyer have communicated CLESSANT his decision to withdraw from the contract.
- The product must be in its original packaging
- The product must be in its original condition (never worn or damaged)
The return of the Products is at the Buyer own expense. The Buyer shall bear the direct cost of returning the Products. The burden of proof in respect of the exercise of the withdrawal right and return of the Product lies on the Buyer.
When exercising the right of withdrawal, the Buyer shall be liable for any diminished value of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products.
8.4. Reimbursement conditions in accordance with the right of withdrawal
In such case, CLESSANT shall reimburse the Buyer all payments received when purchasing the Product. However, if the Buyer has expressly opted for a type of Delivery other than the least expensive type of standard Delivery offered by CLESSANT, CLESSANT shall not reimburse the supplementary costs the Buyer agreed to pay. CLESSANT shall prove the type of Delivery the Buyer opted by all appropriate means.
CLESSANT may withhold the reimbursement until CLESSANT have received the Products back or until the Buyer supplied evidence of having sent back the Products, whichever is the earliest.
CLESSANT will carry out the reimbursement using the same means of payment as the Buyer used for the initial transaction, unless CLESSANT expressly agree otherwise. The Buyer consent to such can be notified by any electronic means of communication such as emails. The Buyer shall not incur any fees as a result of such reimbursement.
When purchasing a Product or a Service, the Buyer shall verify if it complies with all applicable law and if there are any conditions of entrance of the Product into the country in which the Buyer are expecting us to deliver the Product and/or the Service.
9.1. Warranty and liability attached to the means of ordering on the Website.
CLESSANT is not liable for any direct or indirect, material or immaterial damage (such as loss of profits, loss of opportunity, loss of goodwill, loss of data, loss to the Buyer image and reputation) arising when using CLESSANT website and/or any technical means requested to purchase a Product on CLESSANT Website.
THE SERVICE ATTACHED TO THE MEANS OF ORDERING ON THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. CLESSANT MAKES, AND THE BUYER RECEIVES, IN CONNECTION WITH THE WEBSITE, THE SERVICE ATTACHED TO THE MEANS OF ORDERING ON THE WEBSITE, NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.2. Warranty attached to CLESSANT’ Products.
When purchasing on CLESSANT Website, the Buyer will be granted warranties attached to CLESSANT Product. Such Warranties may vary according to the country in which the Buyer are residing.
This warranty gives the Buyer specific legal rights, and the Buyer may also have other rights which vary from state to state.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW CLESSANT IS NOT LIABLE FOR ANY DIRECT, INDIRECT (SUCH AS LOSS OF USE, LOSS OF REVENUE, LOSS OF OPPORTUNITY, LOSS OF REPUTATION etc.), SPECIAL, CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF CLESSANT WARRANTY OR FROM ANY MISUSE OF THE PRODUCT. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO PERSONAL INJURY.
10. Data Privacy
When using the Website, creating an account and/or purchase a Product CLESSANT will collect data in order to provide its services. Shall be considered as a Personal data (hereinafter “Personal Data”) any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
Any collection and proceeding of personal data will be carried out with the Buyer prior and freely given consent.
CLESSANT grant the Buyer the right of access to and the right to rectify any data concerning the Buyer by directly contacting CLESSANT.
11. General provisions
If any provision of this General Sales conditions is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision will be deemed as unwritten.
Any failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
11.3. Evidence – Electronic communication
Any notification and communication between CLESSANT and the Buyer can be realized by any electronic means of communication such as emails. The Buyer hereby grant CLESSANT his express consent for sending the Buyer by electronic means of communication any notification through his CLESSANT Account.
11.4. Governing law - Dispute resolution
In the event of any controversy or dispute between CLESSANT and the Buyer arising out of or in connection with the use of any Products provided by CLESSANT, the parties shall attempt, promptly, in good faith and before any judicial action, to resolve and in good faith, to resolve any such dispute.
Unless required by applicable law, this General Sales Conditions and any matters relating to them, including all disputes, will be governed by the laws of France.