TERMS AND CONDITIONS OF SALE
The following dispositions establish the terms and conditions of sale of the products proposed by the SAS CINQPOINTS on its website: www.cinqpoints.com. CINQPOINTS is a company with a share capital of €10,000, the headquarters of which are located at: 1 rue des roses, 34430 Saint-Jean-de-Védas. It is registered with the Montpellier Trade and Companies Register under the SIRET number 79520493200011.
Accepting the Terms and conditions of sale and clicking on “Submit payment” means you definitively confirm your order. The company CINQPOINTS makes the sale of product(s) impossible without prior acceptance of the clauses below.
ARTICLE 1. SCOPE OF APPLICATION AND MODIFICATION OF THE TERMS AND CONDITIONS OF SALE
The present conditions aim to define the sales terms between CINQPOINTS and the customer, from order to services, including payment and delivery. They govern all the necessary steps for placing an order and provide for a follow-up of the order between the contracting parties.
CINQPOINTS reserves the right to adapt or modify the present terms and conditions of sale at any time. In that case, the terms and conditions of sale prevailing at the date of the order will apply.
ARTICLE 2. PRODUCTS
Our product offers are subject to available stock.
These products are those for sale on the day and date on which the user visits the website. When the product is unavailable, it is mentioned on the website. Otherwise, should an error occur, CINQPOINTS commits to emailing the customer as soon as possible. If the product has already been paid for, CINQPOINTS commits to refunding the customer at the price of the goods.
The products for sale are described and presented with the utmost accuracy. However, should errors or omissions occur regarding this presentation, CINQPOINTS cannot incur liability. Photographs and texts illustrating products are not contractual.
ARTICLE 3. PRICE
The prices are indicated in Euro. They take into account the VAT applicable in France. Should the VAT rate be modified, these changes would have an impact on the price of goods. CINQPOINTS reserves the right to amend the prices at any time. However, these prices cannot be modified once the order has been completed. The indicated prices do not take into account shipping costs that will be added on to the total amount of the order and will be specified to the customer upon final confirmation of his order. Delivery in mainland France occurs in an average of 2 to 5 days from the reception of the order by CINQPOINTS, notwithstanding any fortuitous event or force majeure that would delay the delivery independently from the will and diligences of CINQPOINTS. Its amount is subject to the country of delivery and the means of transport chosen. The products remain the property of CINQPOINTS until payment in full.
ARTICLE 4. ORDER
PLACING AN ORDER
The customer who places an order directly on the website www.cinqpoints.com will have to follow the following procedure: the customer will first and foremost create a client account. The customer will then choose the different products he takes an interest in and will successively click on the link “Add to cart”. At any time, the customer will have the possibility of: Either obtaining a summary of the selected products by clicking on “My cart” or pursuing his purchases. The customer will complete his order by clicking on “Submit payment”. In order to confirm his order properly, the customer will need to complete the following fields: title, surname, first name, complete delivery/invoice address, email and phone number. The customer then specifies the chosen delivery mode (colissimo / chronopost). The order can only be registered on the website if the customer identifies himself by entering his email address and his password that are strictly personal to him. Once the user is identified, he will have to confirm the delivery address. An order form will then appear summing up: the nature, the quantity and the price of the products selected by the user as well as the chosen payment method, the user’s details and the delivery address for the parcel. Any order implies acceptance of price and description of products available for sale.
CONFIRMING THE ORDER
The order is confirmed once the Terms and Conditions of Sale have been read and approved and all the fields duly completed by the customer. The order is final when the customer clicks on “Submit payment”. Payments are made by credit card only. The customer confirms his address, the product (s) and the total price of his order, shipping costs included. The customer will need to supply his credit card number, its expiry date and the 3-digit security code located on the back of the card. In every case, whatever the payment method chosen by the customer, CINQPOINTS will acknowledge receipt of the order as soon as it has been confirmed by email. CINQPOINTS reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
ARTICLE 5. PAYMENT AND TRANSACTION SECURITY
The amount due by the customer is the amount indicated on the CINQPOINTS order confirmation. In order to ensure payment security, the website CINQPOINTS uses the secured payment service via PayPal. Confidential data (the 16-digit card number, its expiry date and the 3-digit security code) are directly transferred encrypted to the payment platforms concerned without being routed via the CINQPOINTS terminals. In any case, CINQPOINTS reserves the right to cancel or refuse any order or delivery for a customer with whom there is a dispute, total or partial non-payment of an order, refused credit card payment, or for other reasons that CINQPOINTS will reserve the right to explain to his client. CINQPOINTS will under no circumstances be held liable in this respect. When the order is confirmed, the payment request is routed in real time to the secured payment manager. The latter addresses an authorisation request to the credit card network. The electronic payment manager delivers an electronic certificate.
ARTICLE 6. GUARANTEES
Any product can be exchanged or refunded except mentioned otherwise. The exchange or refund must occur within 7 days after the delivery or collection date. The goods must imperatively be returned within this timeframe in their original packaging with the return form to the following address: CINQPOINTS, 1 rue des roses 34430 Saint-Jean-de-Védas. It is compulsory for the client to make a return request by email (email@example.com) in order to obtain a return authorisation number. For exchanges, a sticker will need to be affixed to the parcel. Any damaged goods that have not been subject to remarks or express reservations by the client upon delivery will be refused. In order to be accepted by CINQPOINTS, goods and original packaging must be returned in their original state. Only goods returned in their original packaging will be accepted. CINQPOINTS reserves the right to accept or turn down returned goods according to their qualitative state. All goods are subject to a contractual guarantee, which does not preclude the legal guarantee provided by articles 1641 et seq. of the Civil Code. For all goods, the user benefits from a legal guarantee allowing him to return goods delivered defective in accordance with articles L-211-4 et seq. of the Commercial Code. Exchange: All the goods from the website www.cinqpoints.com are exchangeable if available in stock. You just need to mention the desired goods to exchange in your return request. We will accept it upon reception of your return, depending on availability. If the amount of new order is higher, the customer will have to include in the exchange request payment of the outstanding amount by cheque. On the opposite, If the amount of the new order is lower than the initial amount, the customer will receive a refund for the difference directly on his credit card. To return goods, you just need to observe the following instructions: Send an email to “firstname.lastname@example.org” and wait for a return number. • Use the original packaging to return the product. • Send your parcel to the following address: CINQPOINTS, 1 rue des roses 34430 Saint-Jean-de-Védas. In the case of an Exchange in France (and exchange only), you will not be charged for shipping costs for the second parcel. Please wait to receive by post your sticker to affix to your parcel so as not to pay for shipping costs for your return since these will not be refunded. Refund: A refund can also be requested within 10 days from the date your complaint was received if the goods were purchased on the website www.cinqpoints.com. CINQPOINTS commits to refunding the customer within a maximum 30 days by cheque or credit card, as the customer wishes. If you want to get your goods refunded, send an email to “email@example.com”. Indicate your surname, first name, phone number, order number and the reason for your return. Return the parcel by post to CINQPOINTS logistics centre at the following address: CINQPOINTS, 1 rue des roses 34430 Saint-Jean-de-Védas. Please note we do not accept postage due returns. Beware: You will be credited with the amount of your order, less the initial delivery costs. The customer will have to return the goods as they are in their original packaging. The parcel will also need to include the authorisation from CINQPOINTS and the return number included in the parcel as proof of shipping date. In any case, any exchange or refund request will have to be made by email. All goods are subject to a contractual guarantee, which does not preclude the legal guarantee provided by articles 1641 et seq. of the Civil Code.
ARTICLE . 7 INTELLECTUAL PROPERTY
All the elements on the CINQPOINTS website, such as visuals, including the underlying technology, are protected under copyright, trademark or patent law. They are the exclusive property of www.cinqpoints.com. Any person who has a personal website and wishes, for his personal use, to place a simple link pointing directly to the CINQPOINTS website, must imperatively seek prior authorisation from CINQPOINTS. Furthermore, any hypertext link to the CINQPOINTS website and primarily using framing, deep-linking, in-line linking technique or any other deep-linking techniques is formally prohibited. In any case, any link, even tacitly authorised, will be removed at the request of CINQPOINTS. Hypertext links may refer to other websites than www.cinqpoints.com. The latter cannot be held responsible if the content of these websites contravened the legal and regulatory measures in force.
ARTICLE. 8 INFORMATION TECHNOLOGY AND LIBERTIES
To perform its activities, CINQPOINTS reserves the right to collect users’ nominative data, namely via “cookies”. The consumer acknowledges having knowledge of this matter. Indeed, automated processing of personal data, including the management of user email addresses, is subject to a declaration to the CNIL (French Data Protection Authority) under the number 1304809. In any case, and in accordance with law of January 6th, 1978, the consumer also has a right to access and rectify information concerning him contained in the files of the company CINQPOINTS. Any client can at any time oppose the commercial use of his personal data and, moreover, has the right to access, rectify and delete data concerning him, directly on Internet via the heading “Contact us” on the website.
ARTICLE. 9 SIGNATURE AND PROOF
In any case, online provision of the credit card number and the final order confirmation will be worth proof of the totality of the aforementioned order in acceptance with the provisions of the law of March 13th, 2000, and will cause the amounts incurred for the order to become due and payable. This confirmation constitutes a signature and express acceptance of all operations carried out on the website. However, in case of fraudulent use of his credit card, the customer is invited, upon the finding of such use, to contact the CINQPOINTS customer service by calling + 33 682102840. The computer records kept under reasonable protection in the computer systems of the company CINQPOINTS and its partners, will be considered as proof of communications, orders and payments between the parties. In any case, the confirmation of the order, with a credit card payment directly on the website, constitutes a signature and express acceptance of all operations carried out on the website.
ARTICLE 10. CUSTOMS DUTIES
Any order placed on the website and delivered outside mainland France is likely to be subject to potential taxes and customs duties which are applicable when the parcel reaches its destination. These customs duties and potential taxes linked to the delivery of goods are to be paid by the customer and are his responsibility. CINQPOINTS is under no obligation to verify and inform his customers of customs duties and taxes applicable. To get to know them, it is up to the customer to obtain the information from the relevant authorities in his country. Disagreements / APPLICABLE LAW: The language of the present terms and conditions of sale is French. The present contract is subject to French law. In case of litigation with a customer, French courts will have sole jurisdiction.
ARTICLE 11. ENTIRE AGREEMENT
The present terms and conditions of sale and the order summary sent to the customer represent the entire contract and constitute the entirety of the contractual relations between the parties.
ARTICLE 12. DELIVERY
The products are dispatched with the supporting invoice to the delivery address indicated by the customer at the time of his order. All orders confirmed before 1pm are dispatched on the same day, or else on the next business day. The delivery deadlines mentioned are indicative delivery dates as of the day following the order confirmation by the customer and correspond to product processing and delivery deadlines. They cannot be binding, but in case of unusual delay, an email will be sent to the customer. CINQPOINTS therefore cannot be held responsible should there be an important delay in the delivery attributed to postal services or transport means, or in case of loss of the ordered products or strike. The risks of transportation are borne by the customer. He will need to address a potential complaint to the postal services or the transporter within three business days following the delivery. Notwithstanding this, despite all the care taken by CINQPOINTS for the preparation of the parcels, it may happen that one product is missing. Likewise, following the transport of the parcel, one of the products may be defective. Which is why, upon receipt of the parcel, the customer will check the conformity of the received products. Any anomaly concerning the delivery (missing or broken product, damaged parcel) will imperatively need to be notified, on the day of the delivery or at the latest the first business day following the delivery, to CINQPOINTS customer service, by recorded letter (addressed to CINQPOINTS, 1 rue des roses 34430 Saint-Jean-de-Védas, France). Each customer can track his parcel via the heading “My Account”. Any claim made after this delay will be rejected and CINQPOINTS will not be held liable. CINQPOINTS reserves the possibility of asking the client to return the damaged goods. If the aforementioned conditions are fulfilled, CINQPOINTS will then proceed to an exchange / refund of the damaged goods, or dispatch the missing goods (subject to the merits of the customer claim).
DELIVERY TIMESCALES AND COSTS
The deadlines indicated are indicative delivery times from our transporters in business days. Standard = la Poste (tracked colissimo). Express = chronopost with delivery against signature. All products presented on the website correspond to our real-time and immediate availabilities. All prices are in euros. The tracked colissimo is delivered by la Poste in 2 to 5 business days (for mainland France). It is delivered to the delivery address indicated on your order confirmation. If the customer is absent at the time of the delivery, the postman will leave a delivery notice, mentioning the withdrawal conditions (place and deadline). The parcel usually remains at the place of withdrawal for 15 days. You will be able to track your parcel on www.colisposte.net. In order to obtain your colissimo tracking number, please send an email to firstname.lastname@example.org indicating your first name and surname. If you have not received your tracked colissimo after 5 days and no delivery notice was left, remember to check the situation of your parcel on the coliposte website (and contact us via email at email@example.com). Damaged parcel: We request that you do not take delivery of a damaged parcel (cardboard box bearing visible marks of opening and/or deterioration): you must imperatively refuse it since parcels leaving CINQPOINTS warehouses are always impeccable and they should be delivered to you in the same state. If a damaged parcel was left in your letter box or that your caretaker took delivery of it, the parcel is considered as “accepted in its condition”. If no claim has been made, we will not be able to take into account the potential losses nor proceed to compensation. You can also contact us for any additional information concerning your parcel, your orders, our products or our brands at the following address: firstname.lastname@example.org. Or, for any other request concerning partnerships, the press or any other request, write to us at email@example.com.
ARTICLE 13 : GOVERNING LAW AND JURISDICTION
Any relation generating from the connexion and/or the use of the present website are subject to French law. The competent courthouse in case of litigation will be Montpellier courthouse.
ARTICLE 14 : COMPANY DETAILS
The headquarters of the company CINQPOINTS are located at 1 rue des roses, 34430 Saint-Jean-de-Védas. The intercommunity VAT No is FR09795204932. You can contact CINQPOINTS : By email : firstname.lastname@example.org or by post: CINQPOINTS, 1 rue des roses, 34430 Saint-Jean-de-Védas, France.