Any order placed on the SITE constitutes the CUSTOMER’s unconditional acceptance of these terms and conditions of sale.

The terms used below have the following meanings in these Terms and Conditions:

“CUSTOMER”: refers to the SELLER’s contracting party, who warrants that they qualify as a consumer as defined by French law and case law. In this regard, it is expressly stipulated that this CUSTOMER is acting outside the scope of any regular or commercial activity.

“DELIVERY”: means the first delivery of the PRODUCTS ordered by the CUSTOMER to the delivery address provided at the time of the order.

“PRODUCTS”: refers to all products available on the SITE.

These Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS. The CUSTOMER is expressly informed and acknowledges that the WEBSITE is intended for consumers and that business customers must contact the SELLER’s sales department to obtain separate contractual terms.

 The CUSTOMER agrees to carefully read these Terms and Conditions and accept them before proceeding with payment for an order of PRODUCTS placed on the SITE.

These Terms and Conditions are linked at the bottom of every page of the SITE and must be reviewed before placing an order. The CUSTOMER is encouraged to carefully read, download, and print the Terms and Conditions and to keep a copy. The SELLER advises the CUSTOMER to read the Terms and Conditions with each new order, as the latest version of said Terms applies to all new orders of PRODUCTS.

By clicking the first button to place the order and then the subsequent buttons to confirm the order, the CUSTOMER acknowledges that they have read, understood, and accepted the Terms and Conditions without limitation or condition.

To purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have legal capacity; if the CUSTOMER is a minor, they must be able to provide proof of consent from their legal guardians.

The CUSTOMER will be asked to provide identifying information by completing the form available on the SITE. The asterisk (*) indicates required fields that must be filled out for the CUSTOMER’s order to be processed by the SELLER. The CUSTOMER can check the status of their order on the SITE. DELIVERY tracking may, where applicable, be performed using the online tracking tools provided by certain carriers. The CUSTOMER may also contact the SELLER’s sales department at any time by email at   [email protected], to obtain information about the status of their order.

The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate, and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, eligibility, and the information provided.

The SELLER endeavors to present as clearly as possible the main characteristics of the PRODUCTS (in the product descriptions available on the SITE) and the mandatory information that the CUSTOMER is required to receive under applicable law (in these Terms and Conditions). The CUSTOMER agrees to read this information carefully before placing an order on the SITE. The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, particularly in light of constraints related to its suppliers. Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and applicable standards in France.

Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER’s starting page, the steps may vary slightly).

The CUSTOMER must select the PRODUCT(S) of their choice by clicking on the relevant PRODUCT(S) and selecting the desired features and quantities. Once the PRODUCT has been selected, it is added to the CUSTOMER’s shopping cart. The CUSTOMER may then add as many PRODUCTS as they wish to their shopping cart.

Once the PRODUCTS have been selected and added to the shopping cart, the CUSTOMER must click on the shopping cart and verify that the order details are correct. If the CUSTOMER has not already done so, they will then be prompted to log in or register.

Once the CUSTOMER has confirmed the contents of the shopping cart and logged in or registered, an automatically populated online form will appear, summarizing the price, applicable taxes, and, if applicable, shipping costs. The CUSTOMER is asked to verify the contents of their order (including the quantity, characteristics, and product codes of the ordered PRODUCTS, the billing address, the payment method, and the price) before confirming the order. The CUSTOMER may then proceed to pay for the PRODUCTS by following the instructions on the SITE and provide all information necessary for billing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear once the correct options have been selected.

Orders placed must include all the information necessary for the order to be processed correctly. The CUSTOMER must also specify the selected shipping method.

Once all the steps described above have been completed, a page will appear on the SITE confirming receipt of the CUSTOMER’s order. A copy of the order confirmation will be automatically sent to the CUSTOMER via email, provided that the email address provided through the registration form is correct.

The SELLER does not send order confirmations by mail or fax.

During the ordering process, the CUSTOMER must enter the necessary billing information (fields marked with an asterisk (*) are required and must be completed in order for the CUSTOMER’s order to be processed by the SELLER). In particular, the CUSTOMER must clearly provide all information relating to DELIVERY, specifically the exact DELIVERY address, as well as any access code for the DELIVERY address. The CUSTOMER must then specify the chosen payment method.

Neither the order form that the CUSTOMER completes online nor the order confirmation that the SELLER sends to the CUSTOMER via email constitutes an invoice. Regardless of the method of ordering or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.

The order date is the date on which the SELLER acknowledges receipt of the order online. The delivery times indicated on the SITE do not begin until that date.

For all PRODUCTS, the CUSTOMER will find prices listed on the WEBSITE in euros, including all taxes, as well as the applicable shipping costs (based on the weight of the package—excluding packaging and gifts—the DELIVERY address, and the carrier or shipping method selected).

Prices include, in particular, value-added tax (VAT) at the rate in effect on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS effective as of the date the new rate takes effect. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. The prices charged by the SELLER’s suppliers are subject to change. Consequently, the prices listed on the SITE may change. They may also be modified in the event of special offers or sales. The prices listed are valid, barring gross errors. The applicable price is the one listed on the SITE on the date the order is placed by the CUSTOMER.

Depending on the PRODUCT in question, the SELLER operates a "just-in-time" inventory management system. Consequently, the availability of PRODUCTS depends on the SELLER's inventory levels.

The SELLER agrees to fulfill orders received, provided that the PRODUCTS are available. If a PRODUCT is unavailable, this is generally indicated on the relevant PRODUCT page. CUSTOMERS may also be notified by the SELLER when a PRODUCT is restocked. In any event, if the unavailability was not indicated at the time of the order, the SELLER agrees to notify the CUSTOMER immediately if the PRODUCT is unavailable. The SELLER may, at the CUSTOMER’s request:

●       Or offer to ship all PRODUCTS at the same time as soon as the out-of-stock PRODUCTS become available again,

●       Either ship the available PRODUCTS in a partial shipment initially, and then ship the remainder of the order when the other PRODUCTS become available, provided that clear information is provided regarding any additional shipping costs that may be incurred,

●       Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.

If the CUSTOMER decides to cancel an order for PRODUCTS that are unavailable, the CUSTOMER will receive a refund of all amounts paid for the unavailable PRODUCTS without delay and no later than thirty (30) days after payment.

The terms and conditions of the right of withdrawal are set forth in the “Withdrawal Policy,” which is included in Appendix 1 hereto and can be accessed via a hyperlink at the bottom of each page of the SITE.

The CUSTOMER may pay for their PRODUCTS online on the SITE using the payment methods offered by the SELLER. The CUSTOMER warrants to the SELLER that they have all the necessary authorizations to use the selected payment method. The SELLER will take all necessary measures to ensure the security and confidentiality of data transmitted online in connection with online payments on the SITE. In this regard, it is specified that all payment-related information provided on the SITE is transmitted to the SITE’s bank and is not processed on the SITE.

In the case of a one-time credit card payment, the CUSTOMER’s account will be charged as soon as the order for PRODUCTS is placed on the SITE. In the case of a partial DELIVERY, the total amount will be charged to the CUSTOMER’s account no earlier than when the first package is shipped. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be processed in accordance with the last paragraph of Section 5.5 of these Terms and Conditions.

If the bank refuses to process a card or other payment method, the CUSTOMER must contact the SELLER’s Customer Service to pay for the order using any other valid payment method. In the event that, for any reason whatsoever—including a chargeback, refusal, or other issue—the transfer of the amount owed by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.

Any contract entered into with the CUSTOMER for an order totaling more than 120 euros (including tax) will be retained by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the French Consumer Code.

The SELLER agrees to store this information in order to track transactions and provide a copy of the contract at the CUSTOMER’s request. In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it ensures the integrity of the transaction.

The SELLER retains ownership of the delivered PRODUCTS until they have been paid for in full by the CUSTOMER. The foregoing provisions do not preclude the transfer to the CUSTOMER, upon receipt by the CUSTOMER or by a third party designated by the CUSTOMER other than the carrier, of the risk of loss or damage to the PRODUCTS subject to the retention of title, as well as the risk of damage that they may cause.

The terms and conditions governing the DELIVERY of the PRODUCTS are set forth in the “Delivery Policy” referred to in Appendix 2 hereto and accessible at the bottom of each page of the SITE via a hyperlink.

The PRODUCTS will be packaged in accordance with current shipping standards to ensure maximum protection during DELIVERY. CUSTOMERS agree to adhere to the same standards when returning PRODUCTS under the conditions set forth in Appendix 1 – Return Policy.

The SELLER is required to deliver a PRODUCT that is in conformity, meaning that it is fit for the purpose for which similar goods are typically used and corresponds to the description provided on the SITE. This conformity also implies that the PRODUCT possesses the qualities that a buyer may reasonably expect based on the SELLER’s public statements, including those made in advertisements and on product labels

In this context, the SELLER may be held liable for any lack of conformity existing at the time of delivery and for any lack of conformity resulting from the packaging, assembly instructions, or installation, provided that the SELLER was responsible for such installation or that it was carried out under the SELLER’s responsibility. The right to bring a claim arising from a lack of conformity expires two (2) years from the date of delivery. DELIVERYDELIVERY of the PRODUCT. In the event of a lack of conformity, the CUSTOMER may request replacement or repair of the PRODUCT, at their discretion. However, if the cost of the CUSTOMER’s chosen option is manifestly disproportionate to the other available option, taking into account the value of the PRODUCT or the significance of the defect, the SELLER may issue a refund without following the option chosen by the CUSTOMER.

In the event that replacement or repair is not possible, the SELLER agrees to refund the price of the PRODUCT within 30 days of receiving the returned PRODUCT, provided that the CUSTOMER returns the PRODUCT to the following address: Cristaux et Couleurs – 74, Rue du Cherche–Midi – 75006 PARIS.

The SELLER is liable under the warranty for any latent defects in the PRODUCT sold that render it unfit for its intended use, or that so impair its use that the CUSTOMER would not have purchased it, or would have paid only a lower price for it, had the defects been known.

This warranty allows the CUSTOMER, who can prove the existence of a hidden defect, to choose between a refund of the PRODUCT’s price if it is returned, or a partial refund of the price if the PRODUCT is not returned. In the event that a replacement or repair is impossible, the SELLER agrees to refund the price of the PRODUCT within 30 days of receiving the returned PRODUCT, provided the CUSTOMER returns the PRODUCT to the following address: Cristaux et Couleurs – 74, Rue du Cherche–Midi – 75006 PARIS.

Any claim arising from latent defects must be filed by the CUSTOMER within two (2) years of the discovery of the defect.

Under no circumstances shall the SELLER be held liable for any failure to perform or improper performance of contractual obligations attributable to the CUSTOMER, particularly when placing an order.

The SELLER shall not be held liable, or deemed to have breached these terms, for any delay or failure to perform, where the cause of such delay or failure is attributable to a force majeure event as defined by the case law of French courts and tribunals. It is further specified that the SELLER has no control over websites that are directly or indirectly linked to the SITE. Consequently, the SELLER disclaims all liability for the information published on such sites. Links to third-party websites are provided for informational purposes only, and no warranty is provided regarding their content.

The SELLER collects personal data about its Customers on the SITE, including through the use of cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.

The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER’s account, analyze orders, and, if the CUSTOMER has selected this option, send the CUSTOMER marketing communications, newsletters, promotional offers, and/or information about special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER. The CUSTOMER’s data is kept confidential by the SELLER in accordance with its declaration filed with the CNIL, for the purposes of the contract, its execution, and in compliance with the law.

CUSTOMERS may unsubscribe at any time by logging into their account or by clicking on the unsubscribe link provided at the bottom of each email they receive. Data may be disclosed, in whole or in part, to the SELLER’s service providers involved in the ordering process. For marketing purposes, the SELLER may transfer the names and contact information of its CUSTOMERS to its business partners, provided that the CUSTOMERS have given their prior consent when registering on the SITE.

The SELLER will specifically ask CUSTOMERS whether they wish to have their personal data disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive marketing communications from its partners. In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and civil liberties, the CUSTOMER has the right to access, correct, object to (for legitimate reasons), and delete their personal data. They may exercise this right by sending an email to: [email protected] or by mailing a letter to 76, avenue de Selves – 24200 Sarlat-la-Canéda.

Please note that the CUSTOMER must be able to verify their identity, either by scanning an ID document or by sending the SELLER a photocopy of their ID document.

The SELLER provides the CUSTOMER with a “Customer Service Hotline” at the following number: +33 (0)1-43-27-69-42 (standard rate number). Any written complaints from the CUSTOMER must be sent to the following address: Cristaux et Couleurs – 74, Rue du Cherche–Midi – 75006 PARIS.

All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark, and/or patent laws.

These elements are the exclusive property of the SELLER. Any person who operates a website and wishes to create a direct hyperlink to the SITE must request the SELLER’s written authorization. Such authorization from the SELLER shall in no event be granted on a permanent basis. This link must be removed upon the SELLER’s request. Hyperlinks to the SITE that use techniques such as framing or in-line linking are strictly prohibited.

Any change in applicable laws or regulations, or any decision by a competent court invalidating one or more provisions of these Terms and Conditions, shall not affect the validity of these Terms and Conditions. Such a change or decision shall in no way authorize CUSTOMERS to disregard these Terms and Conditions. Any terms not expressly addressed herein shall be governed in accordance with standard commercial practices in the retail sector for companies whose registered office is located in France.

These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online. The Terms and Conditions are dated specifically and may be modified and updated by the SELLER at any time. The applicable Terms and Conditions are those in effect at the time of the order. Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.

These Terms and Conditions, as well as the relationship between the CUSTOMER and the SELLER, are governed by French law.

In the event of a dispute, only the French courts shall have jurisdiction. However, prior to any recourse to an arbitrator or state court, the parties shall give priority to negotiation in a spirit of fairness and good faith with a view to reaching an amicable agreement in the event of any dispute arising from this contract, including disputes regarding its validity. The party wishing to initiate the negotiation process must notify the other party by registered letter with acknowledgment of receipt, specifying the details of the dispute. If, after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute shall be submitted to the competent court designated below.

Throughout the negotiation process and until its conclusion, the parties agree not to bring any legal action against one another regarding the dispute that is the subject of the negotiations. As an exception, the parties are authorized to seek relief from the court in summary proceedings or to request the issuance of an order upon application. Any action brought before the court of summary proceedings or the initiation of an ex parte proceeding shall not constitute a waiver by the parties of the amicable settlement clause, unless expressly agreed otherwise.

RIGHT OF WITHDRAWAL

The CUSTOMER generally has the right to return the PRODUCT to the SELLER or to a person designated by the SELLER without undue delay, and no later than fourteen (14) days after notifying the SELLER of their decision to cancel the purchase, unless the SELLER offers to pick up the PRODUCT themselves.

CANCELLATION PERIOD

The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT. If the CUSTOMER’s order consists of multiple PRODUCTS and these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT.

NOTICE OF THE RIGHT OF WITHDRAWAL

To exercise their right of withdrawal, the CUSTOMER must notify their decision to withdraw from this contract by means of an unambiguous statement sent to the following address: Cristaux et Couleurs – 74, Rue du Cherche–Midi – 75006 PARIS. or [email protected]. The CUSTOMER may also use the form below:

WITHDRAWAL FORM

To the attention of the purchasing manager at Cristaux et couleurs

Tel: +33 (0)1-43-27-69-42

Email:  [email protected]

I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT listed below:

PRODUCT Code:

Invoice No.:

Order number:

Ordered on _________________ / Received on ________________

Payment method used:

Name of the CUSTOMER and, if applicable, the recipient of the order:

CUSTOMER'S ADDRESS:

Shipping Address:

Customer's signature (unless submitted via email)

In order for the withdrawal period to be observed, the CUSTOMER must submit a notice of withdrawal before the withdrawal period expires.

EFFECTS OF CONTRACTION

In the event that the CUSTOMER exercises their right of withdrawal, the SELLER agrees to refund all amounts paid, including delivery charges, without undue delay and, in any event, no later than fourteen (14) days from the date on which the SELLER is notified of the CUSTOMER’s intention to withdraw.

The SELLER will issue a refund using the same payment method that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different method; in any case, this refund will not incur any costs for the CUSTOMER. The SELLER may defer the refund until the goods are received or until the CUSTOMER has provided proof of shipment of the goods, whichever occurs first.

RETURN POLICY

The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after notifying us of their decision to withdraw from this contract, return the item to the following address: Cristaux et Couleurs – 74, Rue du Cherche–Midi – 75006 PARIS. This deadline is deemed to have been met if the CUSTOMER returns the item before the expiration of the fourteen-day period.

RETURN SHIPPING COSTS

The CUSTOMER must cover the direct costs of returning the item.

PROPERTY INSPECTION REPORT

The PRODUCT must be returned in accordance with the SELLER’s instructions and must include, in particular, all accessories supplied. The CUSTOMER is liable only for any depreciation of the item resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the PRODUCT. In other words, the CUSTOMER may test the PRODUCT, but may be held liable if they handle it in ways other than those necessary.

PACKAGING

PRODUCTS are packaged in accordance with current shipping standards to ensure maximum protection during DELIVERY. CUSTOMERS must adhere to the same standards when returning PRODUCTS. Accordingly, CUSTOMERS are asked to return any PRODUCT that does not meet their expectations in its original packaging and in good condition, suitable for resale.

EXCLUSIONS FROM THE RIGHT OF WITHDRAWAL

The right of withdrawal does not apply in the following cases:

●       Supply of goods or services whose price depends on fluctuations in the financial market;

●       Supply of goods manufactured to the CUSTOMER’s specifications or clearly personalized;

●       Supply of goods that are liable to deteriorate or expire rapidly; Supply of sealed audio or video recordings or software that have been unsealed after delivery;

●       Newspaper, periodical, magazine (excluding subscription contracts);

●       Provision of accommodation services other than for residential purposes, transportation of goods, car rentals, food and beverage services, or services related to recreational activities, if the offer specifies a specific date or period of performance; Supply of goods that, by their nature, are inseparably mixed with other items;

●       Deliveries of sealed goods that cannot be returned for health or hygiene reasons and that have been unsealed by the CUSTOMER after DELIVERY;

●       the supply of alcoholic beverages for which the price was agreed upon at the time the sales contract was concluded, which cannot be delivered until 30 days later, and whose actual value depends on market fluctuations beyond the SELLER’s control;

●       Supply of digital content that is not delivered in a tangible form, provided that performance has begun with the consumer’s prior express consent, and the consumer has also acknowledged that they will thereby lose their right of withdrawal;

●       contracts entered into at a public auction.

DELIVERY AREA

The PRODUCTS offered can be shipped internationally, provided that the necessary functional logistics infrastructure is in place to ensure proper delivery to the area(s) specified by the CUSTOMER at the time of ordering.

The PRODUCTS are shipped to the delivery address(es) provided by the CUSTOMER during the ordering process.

SHIPPING TIME

The time required to process an order and issue an invoice prior to shipping in-stock PRODUCTS is listed on the SITE. These timeframes do not include weekends or holidays and may be extended in the event of exceptional circumstances beyond our control. In such cases, you will be notified as soon as possible. An email will be automatically sent to the CUSTOMER upon shipment of the PRODUCTS, provided that the email address listed on the registration form is correct.  

DELIVERY TIMES & SHIPPING COSTS

During the ordering process, the SELLER informs the CUSTOMER of the available delivery times and shipping options for the purchased PRODUCTS. Shipping costs are calculated based on the delivery method. These costs are payable by the CUSTOMER in addition to the price of the purchased PRODUCTS. Details regarding delivery times and shipping costs are provided on the WEBSITE.

DELIVERY TERMS

Depending on the choice made at the time of ordering, the CUSTOMER will receive home delivery. It is therefore important that the SELLER and the mail carrier have all the necessary information to ensure that your package is delivered to you without any issues.

If you happen to be away, a delivery notice will be left in your mailbox indicating the date and address of the post office where you can pick up your package upon presentation of a valid ID.

DELIVERY ISSUES

The CUSTOMER is informed of the scheduled delivery date when selecting the carrier at the end of the online ordering process, prior to confirming the order. It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable time, and in the event of non-delivery within that period, the CUSTOMER may terminate the contract. The SELLER shall refund to the CUSTOMER, without undue delay from receipt of the notice of termination, the total amount paid for the PRODUCTS, including taxes and delivery charges, using the same payment method as that used by the CUSTOMER to purchase the PRODUCTS. The SELLER remains liable until the PRODUCT is delivered to the CUSTOMER. Please note that the CUSTOMER has three (3) days to notify the carrier of any damage or partial loss observed upon delivery.