1-1 the celduc relais website www.e-catalogue.celduc-relais.com, to which the present terms apply, is not intended for consumers. Consumer protection law, in terms of “business to consumer contracts”, does not apply to contracts between a Supplier and its Customers for purchases relating to their business activity. The celduc website is intended for use by business customers and not by private individuals acting as consumers.
1-2 All orders for products on the celduc® relais website www.e-catalogue.celduc-relais.com accepted by celduc® relais are subject to these terms and conditions of sale. No other terms shall apply to the supply of products by celduc unless agreed in writing by an authorised signatory of celduc or expressly stated otherwise in these terms and conditions of sale.
The present terms of sale may be updated or modified at any time by celduc. The customer is required to and commits himself/herself to print and keep a record of these terms.
2-1- All descriptions and pictures of the products contained on the celduc website or in any documentation are approximate only and shall not form any part of the contract between celduc and the customer.
2-2- celduc cannot be held legally accountable by the customer for any errors or omissions in the technical characteristics on the celduc website, in any celduc catalogues or other product advertisements.
2-3- Product range: celduc reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, and such changes may be made to any of celduc’s current catalogues. The most up-to-date information on the availability and design of our products is available on the celduc website.
3-1 The prices of our products are as set out on the celduc website at the time of order acceptance by celduc. celduc reserves the right to change prices without prior notice, at any time.
3-2 All prices are in Euros, EXW Sorbiers (FR) ICC PARIS 2010. They include standard packaging and exclude VAT, transport charges and any other additional fees which celduc will add at the applicable rate on the date of order acceptance. Shipping costs will be calculated in accordance with the products ordered by the customer and they also depend on the final destination (this is the shipping address saved on the respective customer account). With prior agreement from the customer, additional fees may be added for specific shipping documents & certificates, should these be required.
3-3 The VAT percentage rate is automatically calculated by the eCommerce software in accordance with the data entered on the respective customer profile and it applies to French customers, EU consumers or to EU customers without a VAT no., while it does not apply to VAT-exempt customers (foreign customers).
3-4 Shipping costs are DAP (Delivered At Place), and they do not include any import duty/taxes and customs fees.
4-Ordering and invoicing
4-1 To use the ordering process, firstly the customer needs to register a customer account if this is the 1st time he/she is placing an order on celduc’s website; or to log in if he/she has already created an account. In order to create an account, the customer will be requested to complete a form in which the following information needs to be entered: contact names, company name, shipping & invoicing addresses, tel. & fax numbers, email address. In some instances, additional information may be required at a later date.
4-2 When the customer is ready to select a product, click on “validate the order” to complete the order. This validation is an acceptance of celduc’s terms & conditions of sale. Once the order has been validated, it will be processed and confirmed by celduc.
4-3 Once confirmed by celduc, an order cannot be modified
4-4 Cancellation of an order by a business-to-business customer is subject to prior acceptance by celduc
4-5 celduc reserves the right not to trade with any company or person. celduc may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the customer by email within a reasonable period of time from receipt of the order by celduc. If celduc rejects or cancels an order for which payment has been taken, it will refund the amount to the customer as soon as reasonably practicable.
4-6 celduc completes orders in accordance with the respective customer's requirements, but may provide substitute products when requested by the customer, or when the product has been superseded by the latest version. If an order cannot be fulfilled because the respective product is not in stock, any remaining balance will be cancelled and refunded to the customer.
4-7 When celduc confirms an order, it issues an invoice at the same time. No order acknowledgement is sent, the purchase order shall be considered as a contractual acceptance between the two (2) parties. Acceptance by celduc relais may also take place when executing an order, without requiring a preliminary formal order confirmation.
4-8 Goods will be shipped together with their respective invoice
4-9 The invoice shall be issued using the data entered by the customer when completing the online registration.
4-10 If the customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 11 (Cancellation and Returns) shall apply.
5-1 Regarding delivery, celduc will dispatch the selected and ordered products to the customer by the following carriers: Fedex for worldwide deliveries.
Transport costs will be charged entirely to the customer and displayed at the order stage; this will be charged separately from the cost of the purchased goods. Additional costs may be charged for “home” deliveries. To avoid these additional costs, delivery to one of FEDEX’s local agencies is possible – choose this option when selecting the shipping options.
5-2 Customers are responsible for their purchased goods. Insurance cover for damage that may occur during shipping is limited to the legal amounts guaranteed by freight forwarders (national or international).
5-3 After delivery, the customer is responsible for checking that the number of delivered packages is the same as that stated on the shipping document sent by email; for checking that the packaging is still intact, not damaged and not modified, even in terms of its packaging materials (such as adhesive tape or strips). Any damage or missing packages must be immediately notified to the courier who is delivering the goods. After signing the courier’s documents, the customer shall not be entitled to dispute the exterior appearance of the delivered packages. celduc must receive a copy of the claim notification form within 3 working days from notifying the courier, see above.
5-4 Any eventual claim involving a refund, replacement, or repair of the delivered products must be notified to celduc within 3 working days of delivery, in accordance with the RMA process (Return Material Authorization). Claims for missing products or for damage caused during transport will not be accepted after 3 working days from receiving the delivery.
5-5 If the customer fails to give such notice, the products shall be conclusively presumed to be, in all respects, compliant with the order and free from apparent defects, and the customer shall be deemed to have accepted the products accordingly. celduc's record of the dispatched products (including the quantity) shall be the conclusive evidence that the products have been received by the customer, unless proved otherwise by the latter.
5-6 Should the carrier be unable to deliver the goods to delivery address as entered in the order form by the customer, the goods will be held for a maximum of 4 days. After this time, the order will be automatically cancelled and the paid amount will not be refunded.
6-1 On the shopping cart page, having entered the order, the customer will be able to view the total amount payable, including the list price, VAT (if applicable) and freight charges.
6-2 Prices and payments are listed in Euros
6-3 Invoices must be fully paid in advance
6-4 Payment must be made by credit card, using the secure connection managed by xxxxxx or PayPal
6-5 The final invoice can be downloaded from your online account
7-Limits of Responsibility
7-1 celduc relais declines any responsibility for damages caused by extraordinary events such as accidents, explosions, fires, strikes/riots, calamities and other events which should totally or partially prevent the regular execution of the contract. celduc relais will not be responsible for any damages, loss and charges arising from the failed contract execution caused by the above-mentioned events.
7-2 celduc relais is not responsible for any fraudulent or illegal use of credit cards made by third parties when paying for the products in question. During the entire ordering process, celduc relais is not able to access and know the credit card details of the customer, who opens a secure and protected connection to send data directly to xxxxxx. celduc relais is also not able to verify the correct and legal origin of the payment method which is provided by the customer when the goods are ordered. Therefore, the customer who ordered and/or receives the goods will be responsible for the illegal use of the above-mentioned payment methods.
7-3 celduc relais declines responsibility for any accidents and damages to people and/or objects resulting from any product tampering (including unauthorised repair), failure to provide proper environmental conditions, incorrect installation, misuse of products outside their specifications as stated in their respective technical manuals. In the event of a justified complaint, celduc’s responsibility is limited to the replacement of the goods considered as defective. No compensation or penalties can be requested. According to the provisions of article 17 of law no. 98-389 of May 19th, 1998, celduc disclaims liability for damages to property and persons should any of their products be used in an inappropriate manner.
8-1 Unless otherwise specified, particularly for the number of handling operations relating to the conditions of use, our products are guaranteed for twelve months from the date of issuance of the delivery note.
This guarantee extends to the replacement of the product deemed defective by our quality department, with the exclusion of any other material or consequential damage that the defectiveness of the product may have incurred. This guarantee does not cover failures due to improper use or maintenance of the product.
8-2 celduc relais reserves the right to invoice the cost of transport, labour and other expenses in the event of a return of parts not accounted for under the guarantee.
8-3 celduc relais declines any responsibility if the original packing is not used at the time of a return. Please apply the provisions of clause 11 (Cancellation and Returns).
8-4 Once the defect is recognised, the products are replaced with identical goods of the same characteristics and of the same number.
9-1 Having completed the login process, the customer receives a username and password to use in order to enter the restricted area of the website. The combined use of a username and password will identify the individual customer, allowing him/her to process purchase orders.
9-2 The customer is aware that purchase orders issued by the combined use of a username and password are valid and binding even if issued by a third party. Activation of services ordered by a third party binds the customer to paying the due amount.
9-3 The customer declares to be a legal entity or professional and to act for the purposes related to his/her own business/professional activity.
9-4 The customer is committed to managing and storing his/her username and password securely for the entire duration of the business relationship with celduc. The customer is also aware that a valid email address must be used, with the purpose of sending order confirmations and any eventual communication.
9-5 The customer shall promptly notify celduc in writing should a password be lost or ascertained. celduc reserves the right to disable or interrupt the service at any time should the entered data be incorrect or non-existent.
10-Contract cancellation and express termination clause
10-1 celduc relais reserves the right to breach the contract with justified motivations by simply informing the customer. Furthermore, the parties jointly agree that the breach of the provisions under articles 6 (payment) and 9 of this contract must be taken into account, whatever the significance of the violation, as a justifiable reason for an immediate termination under article 1456 of the Civil Code.
11-Cancellations and Returns
11-1 Except where confirmed in writing by celduc, once an order has been validated by the customer, excluding consumers, and confirmed by celduc, an order cannot be cancelled.
11-2 In the event of a cancellation by the customer, excluding consumers (prior agreement by celduc) a processing charge will apply to all products returned other than those caused by defects covered by the warranty in clause 8 (20% of the value of the product(s)).
11-3 For consumers wishing to return a product, no processing charge will be applied if the correct procedure is followed as set out in clause 11-4.
11-4 Customers may only return products to celduc, and receive a credit or refund, on the following conditions:
-The Customer should contact celduc to obtain celduc’s agreement for the return and send the “return product form”, duly completed
-For product returns, these must be made within 30 calendar days from the date of delivery (as stated on the delivery documentation)
-Products must be returned to celduc in their original condition and packaging
-Products must be returned to celduc securely packaged and clearly labelled to: QUALITY DEPARTMENT, celduc relais, 5 rue Ampère, 42290 SORBIERS, FRANCE
-The Customer must quote the invoice details and the original dispatch note, otherwise any credit given for the returned products will be based upon the lowest sales price.
12-1 CNIL declaration No.: 2076620 v 0
12-2 The customer is aware that data are collected and stored by celduc relais. The collected data are those supplied by the customer in order to enter the online services at www.e-catalogue.celduc-relais.com.
Data are collected and stored for the following purposes: compliance with legal dispositions, execution of the sale of goods contract, interactive marketing information (advertising materials) and a better understanding of customer requirements. Personal data are not collected. Data collection and storage include the use of both automatic and manual systems.
Disclosure is limited to celduc relais and to the providers of services involved in the execution of the contract or any actions that are required to comply with the relevant legal obligations. A full list of these third parties is available upon request. Customer consent to data collection is not required for the following purposes: A) execution of the contract or legal obligations; B) anonymous technical data referring to online sessions. Consent is requested for data stored with marketing and advertising purposes or for a better understanding of the customer’s needs.
12-3 Data are stored for 10 years and data will be destroyed at the expiry of this term. Should the customer deny consent to data storage as described above, this will prevent the execution of the contract.
12-4 In compliance with the measures set forth in Law, under Act n°78-17, article 34, dated 6 January, 1978 pertaining to information technology, data files and liberties, users have the right to access any data about them, including the right to modify or delete this data. To exercise this right, users need to send a letter or an e-mail to celduc® relais
13-Arbitration and governing law
13-1 Any and all disputes arising from the application, execution, interpretation or violation of the sales contracts completed online on the www.e-catalogue.celduc-relais.com website, shall be amicably and promptly settled upon consultation between the parties hereto, but in the event of a failure to agree, the matter shall be settled by arbitration in France in accordance with the Rules of The Chambre de Commerce International de Paris and the award shall be final and binding upon both parties.
13-2 The validity, creation and performance of this agreement shall be governed by and interpreted in accordance with the laws of France.
14-Intellectual property: Patents, trademarks, logos, software
14-1 The customer expressly recognises that the celduc relais trademark, logo and expertise relating to the purchased products belong to the industrial and intellectual property of celduc relais.
14-2 The user agrees not to reproduce, summarise, modify, distort or redistribute any text, title, application, logo, copyright, information or illustration for strictly private use only, without the editor’s express prior authorisation, which excludes any representation for professional purposes or mass redistribution. Similarly, the user agrees not to recopy all or part of the site on another site or on any internal company network.
14-3 The site, text, images, sounds, photos, graphics, downloadable files and, more generally, all objects contained in the site are the exclusive property of celduc® relais and/or the named creators. This site and the elements that constitute it are works protected by French legislation and international agreements on copyright and intellectual property.
Reproduction of the site or any individual elements that are a part of it is forbidden except with express prior authorisation from the publishing manager. The name of the creator and the source must be given for any authorised reproduction or brief quotation.
Photo references: Fotolia ® and celduc® relais
Creating links or frames on this site requires prior authorisation from celduc® relais. This prior consent applies to the creation of:
– Any hyperlinks on the splash page in a new navigation window,
– Any link to a page within the site,
– Any link via windows (frames),
– Any link to an object contained within the site (inlining),
– And more generally, any technique used to create hyperlinks.
celduc® relais reserves the right to withdraw all links to the site that have not been authorised, or that can no longer be authorised.
The celduc® relais site may contain links to other sites. celduc® relais does not accept any liability for the contents of these sites. The presence of these links on the celduc® relais site in no way implies that celduc® relais has any control of these sites or approves their content. celduc® relais recommends that the user refers to the policies of the respective sites.
16-Web Analytics Terms of Service
To identify trends and improve the quality of our online services, a few non-personal items of usage data, such as your IP address, the website you last visited, which browser you are using, date and time, etc., are tracked and reported (“Google Analytics”). The data is anonymised.
Extract from the terms and conditions for using the Google Analytics service (Chapter 8.1)