General Terms of On-line Sale
These General Terms of On-line Sale govern the dealings between CLESTRA HAUSERMAN SA, with capital of €4,741,000, registered office 1 route du Docteur Albert Schweitzer 67411 ILLKIRCH, registered on the Strasbourg Trade and Companies Register under number 798 005 674, and its Professional Customers wishing to purchase Clestra products on the www.clestrashop.com website for delivery in the zones mentioned in article 7.1 only.
Article 1 - Formation of the contract
Filling the basket
As they browse through the different sections of the www.clestrashop.comwebsite, Customers can place the Products they have selected in their purchase basket by clicking on the 'ADD TO BASKET" button. Customers can change their mind, change the quantities or cancel one or more of the Products selected at any time up until the order is confirmed.
Customer account – Order
To place an Order Customers must
- For their first order only: create their customer account by providing all the information requested (email address, password etc.),
- During subsequent orders: enter the email address and password,
- In all cases: Enter and check the information concerning delivery and invoicing addresses,
- In all cases: Accept these General Terms of Sale in full.
Customers can check the detail of their Orders and the total price (including contributions to customs and delivery costs) and correct or modify them prior to confirming the order.
Customers finalise their Orders by clicking on the "I CONFIRM MY ORDER" button.
The Customer's confirmation of the Order is valid acceptance of the prices and characteristics of the products purchased as displayed on the product sheets.
For online payments, Customers are redirected to a secure online payment platform where they can pay by following the instructions on the platform.
Neither the www.clestrashop.com site nor CLESTRA HAUSERMAN record and keep Customers bank and payment data.
Acknowledgement receipt of order
Once the Order has been terminated and paid for, CLESTRA HAUSERMAN sends a confirmation email acknowledging receipt of the Order within two working days. The Order will only be considered to be firm after CLESTRA HAUSERMAN has sent an email confirming the Order.
Article 2 - Offers and Availability of the Products
Offers and prices are valid whilst they are displayed on the www.clestrashop.com website.
Products in stock appear as "available" on the www.clestrashop.com website. CLESTRA HAUSERMAN does not guarantee or undertake to carry a minimum stock of products.
Products which are in the process of being restocked appear as "dispatchable within a period of three weeks".
The indicative delivery deadline for the whole of each Customer's order (which depends on the Customer's location and the constitution of the Customer’s basket) is indicated at the "Confirmation of the Order" stage.
If a Product is definitely unavailable, this will be notified as quickly as possible by email and the Customer will be refunded within 15 working days. CLESTRA HAUSERMAN cannot be held liable if the Products are unavailable, nor will the Customer be entitled to damages for this.
The Customer is asked to contact the Customer Service Department directly (email@example.com) for orders of a specific volume or requiring particular specificities (delivery terms, deadlines, packaging etc.) or a destination country which is not listed in article 7.1, so the Order can receive special processing.
Article 3 - Products
Clestrashop Products are accessories which are designed to be installed in office spaces or similar areas (waiting rooms, classrooms, shops etc.). They are not designed to be incorporated into industrial or safety installations, equipment or products. CLESTRA HAUSERMAN disclaims all liability if the products are used in this type of equipment or installation.
Clestrashop Products are accessories for CLESTRA HAUSERMAN partitions. In certain cases they can be used in other types of partitions and/or in other configurations depending on the type of fixation (screw, magnet etc). Customers can contact the Customer Department for assistance for determining the interoperability of Clestrashop Products.
Essential characteristics of the Products are presented in an on-line "product sheet" which describes the performance criteria, the limits on use, and the conditions for assembling, installing and maintaining the Products.
There may be slight differences between the Products displayed online and the Products which are delivered to the Customer. For example, there are differences between the colours of the Products viewed online (different rendering of the sheen by the website browsing software and/or monitors) and the actual colours of the Products delivered. Slight differences which concern non-essential characteristics and do not affect the Product's quality can never justify cancelling an order or refusing delivery.
Article 4 - Price
The price of the products shown on the website are in euros, exclusive of VAT and exclusive of customs and delivery costs.
The breakdown of the VAT will appear before the Order is confirmed and will depend on the destination of the Products (in France or outside France).
Article 5 - Customs and delivery costs
The Customer contributes €20 to the delivery costs for all Orders of less than €200 exclusive of VAT which are deliverable in France and in the European Union.
Delivery costs are offered for any order which is equal or above €200 exclusive of VAT and deliverable in France and in the European Union.
The Customer will contribute to the delivery and customs costs for any Order which is destined for a country other than France and the European Union.
The breakdown of the contribution to customs and delivery costs will appear before the Order is confirmed and will depend on the destination of the products.
The Client Is exclusively liable for checking the importation regulations for the Products ordered with respect the laws of the country of delivery.
Article 6 - Terms of payment
The price of the Products and if necessary the delivery and customs costs are payable in full by the Customer when the Order is placed, in accordance with the procedure mentioned in article 1.
The Customer confirms that he or she is the holder of the bankcard, and that it gives access to sufficient monies to cover the payment of the Order.
The Products ordered remain CLESTRA HAUSERMAN's property until full payment of the price, costs and incidental expenses has been received. However the Customer bears the risks in the products delivered from receipt.
CLESTRA HAUSERMAN reserves the right to reclaim Products which have been delivered, if there is a payment default. The Customer now undertakes to return any Product claimed under the terms of this article within 14 days at his/her own costs.
Article 7 - Delivery conditions and deadlines
7-1 Geographical delivery zones
CLESTRA HAUSERMAN delivers Orders to the following countries and territories: Metropolitan France, Great Britain, Spain, Germany, Italy, Luxembourg, Belgium, the Netherlands, and Switzerland.
7-2 Delivery deadline
The overall indicative shipment deadline which depends on the Products ordered and the Customer's location is specified in the "Confirmation of Order" stage before the order is confirmed and before payment.
The Customer can decide to receive the Products ordered separately by contacting the Customer Department. However this option is liable to result in a bigger contribution to delivery costs.
Irrespective of the indicative delivery deadline, CLESTRA HAUSERMAN undertakes to deliver the products ordered within ninety (90) working days at the latest from the Order in France and one hundred and eighty (180) working days at the latest from the Order outside France. CLESTRA HAUSERMAN cannot be held liable for any delay providing this time limit is not exceeded.
7-3 Delivery service and delivery address
The Products delivered are shipped by Carrier. Products are delivered to the address given by the Customer from Monday to Fridays excluding public holidays within normal office hours from 8 AM to 6 PM. If the Customer is absent on delivery, the products will be presented a second time at the Customer's costs.
Products are delivered in standard packaging.
7-5 Specific packaging
In any event, for any Order requiring special delivery arrangements (delivery terms, deadlines, packaging etc.) or to a destination country which is not listed in article 7.1, the Customer is asked to contact the Customer Service Department directly (firstname.lastname@example.org) so the Order can receive special processing.
When the Products are delivered, the Customer must check:
The Customer must enter reserves on the delivery slip if the Products delivered do not conform, or if there is a defect or visible damage. The Customer must send a complaint to the Customer Service Department within three working days (email@example.com) accompanied by any necessary substantiating documents including at least two photos. CLESTRA HAUSERMAN will reject any claim after this deadline and/or lack of reserves on the delivery slip. On receipt of the claim the Customer Service Department will inform the Customer whether it intends refunding the Customer or replacing the Products in question. The Customer Service Department will inform the Customer of the conditions in which the Products must be returned before they are returned. Customers must never return the Products without having received proper authorisation from the Customer Department.
Article 8 - Warranties
The Customer is covered by all the statutory warranties. Certain products may also be covered by specific sales warranty, the terms and conditions of which are indicated on the product sheet.
However, damage caused by normal wear and tear, nonconforming or abnormal use with the conditions stipulated in the product sheet or damage resulting from a fortuitous event, force majeure or by the negligence of the Customer or a third party, is not covered by warranty.
To enforce a warranty, the Customer must contact the Customer Service Department (firstname.lastname@example.org) and prove the date of purchase as well as the defects attributed to the Products. The Customer must never return the products without proper authorisation from the Customer Service Department to do so.
Article 9 - Liability
CLESTRA HAUSERMAN’s liability is strictly limited to the obligations arising under these General Terms and to direct and foreseeable physical damage, limited to the price of the Product in question. CLESTRA HAUSERMAN will never be liable for any indemnity, apart from the case of its wilful negligence and the repair of physical damage. CLESTRA HAUSERMAN can never, in any circumstances, be held liable by the Customer to indemnify consequential loss, whether consecutive or not, caused by the products such as notably loss of earnings, operating losses and/or loss of information, a commercial loss, etc.
Article 10 - Personal information
Article 11 - Governing law and jurisdiction
Any Order placed on the www.clestrashop.com website is subject to French law. It is expressly agreed that any disputes could arise concerning this order will, will unless a law of public policy provides otherwise, be subject to the exclusive jurisdiction of the competent Strasbourg courts.