These General Terms and Conditions of Sale apply to all sales concluded on the CTSKIS website between the company CTSKIS (hereinafter referred to as the “Seller”), registered on the Chambery Trade and Companies Register under number 831279013, with registered offices at IMM LILLAZ, 73150 VAL D’ISERE, FRANCE and a Consumer Client or Professional Client (hereinafter referred to as the “Buyer”).
“Consumers”, within the context of this document, are Buyers who are natural persons acting for purposes that do not fall within the framework of a commercial, industrial, artisanal or freelance activity. Any Buyer who is not considered a Consumer is considered a Professional.
Article 1 – Principles
The Buyer declares that they have read and accepted the general terms and conditions of sale prior to placing their order. Confirmation of an order is therefore acceptance of the general conditions of sale.
CTSKIS reserves the right to adapt, modify or update the general conditions of sale at any time. In the cases of adaptation, modification or update, the general terms and conditions of sale in force on the day an order is placed will be applied to that order.
Article 2 – The Goods
2.1 Product information
The Goods proposed by CTSKIS on their website are accompanied by a comprehensive description indicating the essential characteristics of the item, the brand, the total price including VAT, including any additional costs.
Some products are illustrated with photographs, which are a faithful reproduction of the merchandise for sale to Clients. However, CTSKIS cannot be held responsible for any variations in the representation of the products on its site.
2.2 Availability and delivery
The Goods and prices proposed are valid for the duration of their publication online and are subject to availability of stock. If a product is unavailable, CTSKIS will inform the Client according to the conditions set out in Article 4.
Article 3- Orders
Clients can place an order by following the procedure and information given on the Site.
When ordering for the first time, the Client must create an account by filling in the registration form. The Client undertakes to provide complete and accurate information. To finalise the creation of an account, the Client must tick the “I accept the general conditions and the privacy policy” box and then “CONTINUE”.
Clients can then log in to their account for all future orders.
Selection of items – Clients choose the various options they want for their items (quantity, design, size, customisation …) from the choice available on the website, the Buyer clicks on the “Add to cart” icon and confirms the order if their item(s) by clicking on the “Your cart” icon. The Buyer can then add any discount codes in the box provided and choose delivery options and costs.
Buyers can also request prices and quotes for personalised products by email.
Identification and confirmation – The Buyer will provide information relating to their identity, contact details, billing details, delivery address and any order notes in the appropriate fields on the order form. The Buyer may also request that this information be saved for future purchases. The Buyer must then check the details and price of their order and confirm them by clicking on the “Order” icon.
The Buyer undertakes to provide complete and accurate information. They are responsible for the information they provide, and, in the event of an error, the Seller cannot be held responsible for any omissions or delay in the delivery of orders.
Payment – After confirming the order, the Client clicks on CONTINUE to choose the payment method and to proceed with payment.
After checking all the details of the order, the Client clicks on the “ORDER WITH OBLIGATION TO PAY” button to finalise and confirm the order.
By confirming their order, the Buyer accepts the prices and descriptions of the products sold and acknowledges that they have been informed of their rights and obligations, in particular their right to rescind, as well as the rights of CTSKIS.
The Client will receive an order confirmation e-mail with details of the order and the total price at the e-mail address they have provided, together with the corresponding invoice.
CTSKIS reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to payment for a previous order or a Client who does not have the legal capacity to contract. Any order implies acceptance of the prices and descriptions of the Goods sold.
For any questions relating to an order, the Buyer should call (Monday to Friday, 9am to 5pm) or email the customer service department at : Mail :info@ctskis.fr. tel : (+33)611713973
Article 4- Unavailability of stock or out of stock
If the “Add to cart” option is available on the Product sheet, the article is in stock and can be ordered.
If a Product is in the electronic catalogue, and in the absence of any indication of the duration of an offer, the offers on the online Site are valid, within the limits of stock availability.
If stock of an ordered item is unavailable or sold out, CTSKIS undertakes to inform Clients as soon as possible by e-mail. The order will be automatically cancelled, and no payment will be taken.
Article 5 – Prices
The prices are expressed in Euros (€) including all taxes, with the VAT rate applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the items. The prices of the Goods do not include delivery charges.
Goods are sold at the prices on the Site on the date the order is placed. The invoice sent to the Buyer will therefore be at the price in force at the time the order is registered.
The Goods remain the property of the Seller until full payment is received. Ownership is not transferred until payment is received and cleared; therefore, the Buyer is responsible for ensuring the products remain in perfect condition.
Article 6 – Guarantees
Regarding the Consumer Client, CTSKIS can be held liable for defects in the conformity of the Goods under the conditions of Article L.217-4 et seq. of the French Consumer Code and for hidden defects in the item sold under the conditions set out in Articles 1641 et seq. of the French Civil Code.
When making a claim under the legal guarantee of conformity, the Client:
- has a period of 2 years from the date of delivery of the Goods to claim.
- may choose between repair or replacement of the Goods. However, CTSKIS does not have to proceed according to the Client’s choice when this choice entails a cost that is clearly disproportionate to the other option, considering the value of the Goods or the gravity of the defect.
- the Client is exempted from proving the existence of the lack of conformity of the Goods for a period of 24 months from the delivery of the Goods.
The legal guarantee applies independently of any other commercial guarantee that may exist.
When claiming under the warranty for hidden defects, the Client has a period of 2 years to claim from the discovery of the defect. The Client may choose between rescission of the sale or a reduction in the sale price, in accordance with Article 1644 of the Civil Code.
Claims made under the guarantees must be addressed to CTSKIS by mail or email at the following addresses: résidence l’Illaz 73150 Val D’Isère
Article 7- Liabilities
The Goods offered are in accordance with French legislation and standards applicable in France. The Seller shall not be held liable in case of non-compliance with the legislation of the country where the Goods are delivered (for example if an item is prohibited…).
In the case of purchases by professionals, the Seller shall not be held liable for any indirect loss or damage: operating losses, loss of profit, loss of opportunity, damage, or expenses, which may arise from the purchase of the products.
The total or partial impossibility of using the Goods, for example due to hardware incompatibility, cannot give rise to any compensation or reimbursement or to any liability on the part of the Seller.
Lastly, as the Seller only has an obligation of means for all the stages linked to distance selling, the Seller declines all responsibility for any inconvenience or damage inherent in the use of the Internet or telephone network, in particular loss of service, external intrusion, or the presence of computer viruses, and in general any other event expressly qualified by jurisprudence as a case of force majeure.
Article 8 – Methods of payment
Confirmation of any order requires payment of the agreed price by the Buyer.
The Buyer has the choice of all the payment methods offered by the Seller and listed on the Seller’s website to pay for an order. The Buyer guarantees the Seller that they have the necessary authorisation to use the method of payment chosen by them when confirming the order.
For any payments by cheque or bank transfer, the order form clearly states the deadline by which the Client must send the payment. In the event of non-receipt of the payment within the time limit, the order shall be cancelled automatically.
The Seller reserves the right to refuse to make a delivery or to honour an order from a Buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
Article 9 – Proof of the transaction
The digital records, kept on the Seller’s computer systems according to current security guidelines, shall be considered proof of communications, orders and payments between the parties. The archiving of order forms and invoices is on a reliable and durable medium that can be produced as proof.
In the event of payment by cheque, the order will only be processed upon receipt of the cheque. Consequently, the deadlines applicable are those on the day of receipt of the cheque and may therefore be modified in relation to those given the day the order was placed.
Article 10 – Delivery terms, condition of Goods
The Goods will be delivered to the address indicated by the Client when the order was placed. The Goods will be shipped after receipt and clearance of the Client’s payment.
10.1 Delivery times
A delivery time will be given as an indication when a quote is requested and before any order is placed.
If the Client is a Consumer, and the Goods are not delivered within the period expressly agreed, or in the event of failure to agree on a delivery period within 30 days of the conclusion of the sales contract, the Client may give CTSKIS formal notice, by signed-for registered letter, to deliver within a reasonable additional period. If CTSKIS fails to deliver within this new period, the Client may terminate the contract by signed-for registered letter. The contract will be considered terminated upon receipt by CTSKIS, unless it has been executed in the meantime. The sums paid by the Consumer Client will then be refunded without interest or compensation at the latest within 14 days following the date on which the contract was terminated.
10.2 Receipt
When the Goods are delivered by a carrier to the address indicated on the order form, it is the Client’s responsibility to check the condition of the Goods in the presence of the delivery person. In the event of any problems (notably damage or missing items), the Client must:
- write the reservations on the delivery note or the transport receipt,
- notify CTSKIS, within forty-eight hours from the day of delivery, by email to the following address info@ctskis.fr or by signed-for registered mail, to the following address: résidence l’Illaz 73150 Val D’Isère
- Confirm the reservations to the carrier within three working days.
In the absence of the above actions, a Professional Client will not be able to claim any compensation from CTSKIS in this respect.
CTSKIS shall not be held responsible in case of delay and/or non-delivery because of a wrong or erroneous address or an address to which the delivery is impossible.
Article 11 – Methods of exercising the right to rescission
When the Client is a Consumer within the meaning of the first article of the Consumer Code, in accordance with its provisions, they have a period of fourteen (14) days from receipt of the order to withdraw, without having to give reasons or pay penalties, except in the cases expressly provided for below. If the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it shall be extended until the next working day.
Please note that Professionals benefit from a right to rescission, pursuant to the provisions of Article L 221-18 of the Consumer Code, when the contract is concluded off-site between two professionals, provided that the contract does not fall within the scope of the main activity of the professional and that the number of employees employed by the latter is equal to or less than five.
The Client may exercise their right to rescission using the form below or by any other unambiguous statement expressing their wish to cancel addressed to the registered office of CTSKIS at IMM L ILLAZ 73150 VAL D’ISERE, FRANCE.
11.2 Return of Goods
The cost of returning Goods is borne by the Client. To exercise the right to rescission, the returned Goods must be in their original packaging, in perfect condition and accompanied by the purchase invoice and a return slip.
11.3 Refunds
If a Client exercises their right to rescission, they will receive a full refund of the sums paid, i.e. the purchase price of the Goods ordered plus the initial shipping costs, as soon as possible or at the latest within fourteen (14) days following the date of receipt by CTSKIS of the Goods returned by the Client in accordance with the conditions set out in this article.
11.4 Exclusion
Goods that have been customised or made to the specifications of the consumer, i.e. after confirmation of the final proof of visuals (BAT) are excluded from the right to rescission.
Article 12 – Intellectual property
The content of the website remains the property of the Seller, the sole owner of the intellectual property rights of this content. Buyers undertake not to use any of this content; any total or partial reproduction is strictly prohibited and will constitute an infringement of copyright.
Article 13 – Data Processing and Liberties
CTSKIS records, processes, uses and transmits Client’s personal data for the following purposes: registration of orders, execution of orders, Client service as well as for the preservation of the commercial interests of CTSKIS, in particular for the purpose of preserving proof of transactions.
Insofar as it is necessary for the performance of CTSKIS’ obligations and in accordance with the purposes mentioned above, CTSKIS transmits personal information to third parties, for example to carriers.
Client’s personal data is kept for the duration necessary for the execution of the orders placed and the related legal or contractual guarantees.
In accordance with the French Data Protection Act of 6 January 1978, Clients have the right to access, rectify and oppose any personal data. To do so, Clients simply send a request online or by mail, indicating full name, address and, if possible, Client reference:
CTSKIS
Résidence L’Illaz
73150 VAL D’ISERE
Clients may in any event object to the use of their personal data. The use of personal information for any other purposes is only possible if the Client has expressly given consent.
Article 14 – APPLICABLE LAW AND JURISDICTION
These general terms and conditions of sale and use are governed by French law.
In the event of a dispute with a Consumer Client,the Client shall address a claim to CTSKIS at : IMM L ILLAZ 73150 VAL D’ISERE.
In case of failure to resolve the complaint with CTSKIS or in the absence of an answer within 15 days, the Client may submit the dispute relating to the purchase order or to these T&Cs to the independent and impartial mediator, MEDIATION – VIVONS MIEUX ENSEMBLE
- www.mediation-vivons-mieux-ensemble.fr
- 465 avenue de la Libération 54 000 NANCY
- mediation@vivons-mieux-ensemble.fr
who will attempt to bring the parties together to reach an amicable solution.
The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In the event of a dispute with a Professional Client, the court with jurisdiction over CTSKIS’ head office shall have sole competence, even in the event of summary proceedings and notwithstanding multiple instances or parties, or application for the joinder of a guarantor as party.
CANCELLATION FORM
(Please complete and return this form only if you wish to rescind the contract)
For the attention of CTSKIS, IMM L ILLAZ, 73150 VAL D’ISERE, FRANCE
