General Sales Conditions
General Terms and Conditions of Online Sales
19 September 2013
These terms and conditions of sale are entered into between the company Cristel, with share capital of 3,500,000 euros, head office located at Fesches-le-Châtel (25490), France, registered in the Belfort Trade and Companies register under number B 339 841 132, hereinafter referred to as "Cristel", and any natural or legal person wishing to make a purchase on the Cristel website, hereinafter referred to as "the Customer".
The purpose of these terms and conditions is to define the contractual relationship between Cristel and the Customer and the conditions applicable to all purchases made via the Cristel merchant site.
The purchase of a product via this website implies the unconditional acceptance of these sales conditions by the Customer.
These terms and conditions of sale shall prevail over all other special or general terms and conditions not expressly agreed to by Cristel.
Cristel reserves the right to revise these terms and conditions at any time. In the event of a revision, the applicable conditions will be those in force on the date of the Customer's order.
Characteristics of the goods offered for sale
Products offered for sale are those that feature in the catalogue published on the Cristel website.
These products are available as long as stocks last.
Each product has a description written by Cristel.
Catalogue photographs are as faithful as possible, but they are not an exact reflection of the product for sale, particularly in terms of colours.
Prices shown in the catalogue are in Euros and include all applicable taxes: they take into account the rate of VAT on the day the order is placed. Any change in the VAT rate may affect product prices.
Cristel reserves the right to change prices at any time. However, the price shown in the catalogue on the day the order is placed will be the only price applicable to the Customer.
When adding products to an order, the Customer is immediately informed of the prices indicated, which include applicable transport and delivery charges, provided that the delivery is made to one of the geographical areas specified below.
Transport costs may be free of charge under certain conditions specified on the Cristel website.
Currently, products sold on the CristelStore website can only be delivered to mainland France and in the countries of the following list (except for "international").
Customers wishing to purchase a product must:
- complete an identification form, including all details requested, or provide a Customer reference number if they have one;
- complete an online order form, specifying all the product references they select;
- check and approve their order;
- make payment according to the specified conditions;
- confirm the order and payment.
Confirmation of the order implies the Customer fully accepts these terms and conditions of sale, their acknowledgement of having fully understood these terms and conditions, and their waiver of the right to impose their own conditions of purchase or other.
All information provided and the recorded confirmation will constitute proof of the transaction. Confirmation is equivalent to signing and accepting the operations.
The vendor will send confirmation by e-mail once the order has been recorded.
Customers – non-professional natural persons – benefit from a cooling-off period of fourteen days from the receipt of their order in order to return products to Cristel.
Customers wishing to make use of their right of withdrawal should send a registered letter with recorded delivery to the Vendor at the following address:
Parc d'Activités du Moulin
F - 25490 FESCHES-LE-CHATEL
Requests may also be sent by e-mail, to the following address: email@example.com.
The Customer must state the date and reference of the order concerned in the letter or e-mail.
In this case, the Vendor will immediately issue an acknowledgement of receipt that will serve as proof of the Customer's request.
The return of new products, intact and accompanied by any accessories, should be done within 14 days of the withdrawal request, to the postal address mentioned above, where transport charges are incumbent on the Customer.
The Customer may be liable for any damage done to the product caused by handling or operation other than that strictly necessary to establish the type, characteristics and correct operation of the product.
Cristel will examine returns products and, where appropriate, refund all sums paid for returned products, with no penalty other than the costs of return postage, within 14 days following receipt of products returned by the Customer.
Refunds are done using the same means of payment as that used by the Customer for the initial transaction.
The price is payable when the order is placed.
Payments shall be made by bank card or paypal.
Payments by bank card will be made via the secure BNP Paribas Merc@net system, which uses the SSL (Secure Socket Layer) protocol, to ensure that data is encrypted and no third-parties can gain knowledge of it while it is transported on the network.
The Customer's account will be debited six days following the payment approval date.
This payment methods will therefore require several weeks before products are delivered.
Should the Customer so request, a hard copy of the invoice will be sent, including the VAT amount.
Deliveries will be made to the address provided by the customer on the order form, which may only be located in the specified geographical area.
Cristel guarantees the products during transport up until the point of delivery requested by the Customer. In the event of damage caused during transport, a substantiated claim should be sent to Cristel within 24 hours of receipt of the product.
Delivery times are given purely as an indication: if they exceed thirty days following receipt of the order, the sales contract may be terminated and the Customer refunded, except in the event of force majeure.
All products supplied by the Seller benefit from the legal warranty defined by articles 1641 et seq. of the French Civil Code, valid during 24 months.
In the event of non-compliance of a product sold, it may be returned to Cristel for repair or replacement.
The Vendor is only bound by an obligation of means in relation to the online sales process; its liability may not be incurred for any damage caused by use of the Internet network, such as loss of data, intrusion, viruses, loss of service or other unintentional problems.
All elements making up the Cristel website are, and shall remain, the exclusive intellectual property of Cristel.
Third parties may reproduce, make use of, republish or transpose elements of the website, whether they are software, graphics or sounds, in any way whatsoever, even partially.
All third-party links and hyperlinks are strictly forbidden without the express written permission of Cristel.
In accordance with the French Data Protection Act (Loi Relative à l'Informatique, aux Fichiers et aux Libertés) of 6 January 1978, Customer personal data may be subject to automated processing.
Customers may oppose the disclosure of their contact details by informing Cristel. Similarly, Customers have the right to access and rectify their personal data, in accordance with the French Data Protection Act. Requests should be sent by e-mail to firstname.lastname@example.org or by post to the following address:
Parc d'Activités du Moulin
F - 25490 FESCHES-LE-CHATEL
The automated processing of data, including the management of Customer e-mail addresses, was declared to the French Data Protection Authority (CNIL) on 26/03/2008 and recorded under number 1284531.
Archiving – Proof
Cristel will archive order forms and invoices on a reliable and durable medium, constituting a faithful copy, in accordance with the provisions of article 1348 of the French Civil Code.
Cristel's computer records shall be considered by the parties as proof of correspondence, orders, payments and transactions made by and between the parties.
Resolution of disputes
These terms and conditions of online sales are subject to French law.
For disputes that may arise regarding the validity, interpretation, performance or non-performance, interruption or termination of the present clauses, the parties will make every effort to reach an amicable resolution. In accordance with article L 152-1 of the French Consumer Code, these discrepancies may equally be subject to consumer mediation. The Client remains however free to accept or to refuse to engage in consumer mediation.
In this regard, the Client may seek assistance free of charge from the mediation services provided by MEDICYS, which are also retained by CRISTEL, either through the following website: www.medicys.fr, or via the post: MEDICYS - 73, Boulevard de Clichy 75009 Paris.
The solution proposed by the mediator is not binding for either party.
In the event of a dispute, the Client may institute legal proceedings, either through one of the courts accorded territorial jurisdiction under the French Code of Civil Procedure, or the court situated in the town or city where the Client was living at the time the contract was concluded or at the time the harmful event occurred.
Recoating service (only available in mainland France)
Customers may exchange their old Cristel product for a reconditioned product that has been recoated, which involves applying a new non-stick coating to the product.
Other than the usual mandatory formalities for each order, Customers wishing to have their product recoated must complete the attached online questionnaire in order to identify the brand (Cristel), collection, product model and precise dimensions. Once the questionnaire is complete, the Customer will receive information about the price and the exchange and dispatch conditions for their Cristel product. The product is returned by the Customer at their own risk and peril.
Upon receipt of the product, Cristel will check that it corresponds to that specified by the Customer. In the event of a mistake by the Customer in providing information on the product, the resulting price difference shall favour Cristel, who is expressly authorised to retain any excess amount paid. The maximum possible price difference is €10.
In the event of a mistake by the Customer relating to the product to be recoated (brand other than Cristel, recoating impossible for the model, etc.), or if the price difference favours the Customer, Cristel will return the product and will refund the price paid by the Customer, subject to a deduction of a fixed sum of €15 to cover administrative, processing and postage costs.
The Customer may exercise their right of withdrawal within a period of 14 full days as of the date the order was placed online. Where appropriate, Cristel will send back the product returned by the Customer and will reimburse the price of the product, net of the cost of returning the product by post.
The order processing time for a product to be recoated is a maximum of four (4) weeks from the date of receipt of the product on the production site. The recoating service contract may be automatically terminated, and the Customer refunded, if the delivery period exceeds the maximum order processing time by more than eight (8) days.
Products returned to Cristel for recoating are sent to Cristel's technical department and are replaced by another identical product, which is reconditioned according to the conditions defined herein. The new coating applied to the product is a new generation of the initial coating. As a result, no claims may be made by the Customer once the recoating order is confirmed in particular to recover their old product.