These General Terms and Conditions of Sale define the rights and obligations applicable to sales concluded between, on the one hand, persons wishing to make a purchase (hereinafter referred to as "customer") via the website www.marathondessables.com and on the other hand the company CIMBALY INTERNATIONAL.
These Conditions apply exclusively to non-trading natural individuals. They regulate all the steps necessary for the placing, execution and follow-up of the order.
CIMBALY INTERNATIONAL reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. In the event of a change, the General Terms and Conditions of Sale in force on the day the order is placed will be applied.
1 – IDENTIFICATION OF THE SELLER
SARL CIMBALY INTERNATIONAL
Capital of €20,000
1 Boulevard Charles BALTET
Intra-Community VAT: FR64383152410
SIRET: 383 152 410 000 56
2 – ACCEPTANCE OF THE TERMS AND CONDITIONS
The customer acknowledges having read, at the time of placing the order, the Conditions of Sale set out here and declares to accept them without reservation. These General Terms and Conditions of Sale govern the contractual relationship between CIMBALY INTERNATIONAL and its client, both parties accepting them without reservation. These General Terms and Conditions of Sale shall prevail over any other provision contained in any other document, unless otherwise agreed in advance, expressly and in writing. All orders placed with CIMBALY INTERNATIONAL are for the personal use of customers. Any partial or total resale is prohibited.
3 – PRODUCT PRICES
CIMBALY INTERNATIONAL reserves the right to modify its prices at any time and without notice. The products will be invoiced on the basis of the price applicable at the time of confirmation of the order and shall remain the property of CIMBALY INTERNATIONAL until full payment of the price has been received (subject to availability). The price will be payable in full and in one instalment. The prices of our products are indicated in Euros. The prices indicated on the product sheets are expressed inclusive of all taxes, including VAT for France, but do not include shipping costs. The final price, upon payment, will include the price of the product(s), handling, packaging, storage and transport costs.
In the event of delivery to a country other than Metropolitan France, the recipient of the order will be considered as the importer of the product(s) concerned. For shipments outside the European Union, any taxes (local or customs taxes, or import VAT) may be invoiced on arrival of the package at destination and will remain the responsibility of the recipient. Such rights and amounts will not be the responsibility of CIMBALY INTERNATIONAL. We advise the recipient, in case of doubt, to check with the competent local authorities for information on these aspects.
A summary invoice of the order will be available as soon as the order is shipped in the "History and details of my orders" section of the customer account.
4 – ORDER
Exclusively on the website https://boutique.marathondessables.com
Automatic registration systems communicated via the Internet are considered as proof of the nature, content and date of the order. The company CIMBALY INTERNATIONAL confirms the acceptance of its order to the customer at the email address that the customer has provided. CIMBALY INTERNATIONAL reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order.
5 – AVAILABILITY
In the event of temporary unavailability of one or more products, CIMBALY INTERNATIONAL reserves an additional period of time for processing the order. In the event of definitive unavailability of the product(s) after placing the order, the customer will be informed of the out-of-stock items by email or phone. The customer will then have one working week (excluding weekends and public holidays) to request the cancellation or exchange their order by contacting our customer department: email@example.com
After this period and if no request is received from them, the order will then be sent with the available items and only these items will be invoiced.
6 – DELIVERY
The products will be sent to the delivery address indicated by the customer during the ordering process. In the event of an error in the wording of the recipient's contact details, CIMBALY INTERNATIONAL cannot be held responsible for the impossibility of delivering the product(s).
The contribution to the shipping costs is inclusive of VAT. Possible delays do not entitle the customer to claim damages. Deliveries in EU countries are made by La Poste using the 'Colissimo Suivi Europe' service or any other means of transport. Deliveries outside the EU are made by La Poste's international postal services. For reasons of availability, an order can be delivered to the customer in several instalments. The customer then only pays for one delivery. If the customer wants 2 places of delivery, they shall place 2 orders, with the corresponding delivery costs.
Delivery in Metropolitan France:
CIMBALY INTERNATIONAL processes orders from Monday to Friday (except public holidays), within an average of 48 hours.
To this must be added the transport times, the delivery of orders being ensured by the parcel service of La Poste. The maximum delivery time, including transport, is 15 working days from the date of validation of the order, unless otherwise expressly stipulated before placing the order and before its final validation.
In all cases, the customer automatically receives an email, informing them of the shipment and the follow-up of their order.
Each delivery will be deemed to have been made as soon as the product has been made available to the customer by the postal service in question.
Packages are delivered by La Poste or by a carrier to the address indicated at the time of ordering. As such, CIMBALY INTERNATIONAL is not in a position to guarantee a specific delivery time. The package is delivered in person to the customer against signature. If the package cannot be hand-delivered, it will be made available to the customer in the post office to which it is attached. The customer thus has 15 working days from the arrival of their package at the post office to pick it up. After this period, it will be returned to CIMBALY INTERNATIONAL.
7 – SECURE PAYMENT
Payment for purchases must be made by credit card (Carte Bancaire, Visa, Mastercard) or via a PayPal account.
The order will be confirmed as soon as the payment has been accepted by the banking service. The customer must enter the type of card, the name on the card, the card number, the expiry date and the security code on the back of the card in the fields provided.
The customer's bank account will be debited at the time of placing the order. CIMBALY INTERNATIONAL uses all means to ensure the confidentiality and security of data transmitted on the web and on the website https://boutique.marathondessables.com
To this end, the website uses a module that encrypts the customer's credit card details using SSL (Secure Socket Layer) protocol. These details are never transmitted unencrypted on the network.
8 – RIGHT OF WITHDRAWAL
A - The customer has a period of 14 days from the delivery of the order (in accordance with the laws of the French Consumer Code, Art. L.221-18) to return any product that is not suitable.
B – The customer can either exchange the product or receive a refund while the recipient can either exchange the product or request a refund to the customer.
This right applies to defective products or products that do not conform to their order. On the other hand, we will not be able to accept:
· Items returned incomplete, ruined, damaged or soiled by the customer,
· Items not returned intact with their labels in their original packaging (if present),
· Packages for which no attached element allows to identify the company CIMBALY INTERNATIONAL (order number, surname, first name, address, telephone number), elements which shall be written on a paper accompanying the returned product(s).
The return costs will be borne by the customer who shall send the products to the following address: CIMBALY INTERNATIONAL, Service Client BOUTIQUE, 1 boulevard Charles BALTET, 10000 TROYES, France. The customer shall keep the tracking number of their return package.
The return of the products will give rise to a credit note, equal to the purchase price of the product(s) purchased. Therefore the credit note does not include any delivery costs.
As soon as the customer's return is processed, we will send them email or phone them informing them of the amount of their credit note.
The customer will then have the possibility to use this credit note to exchange their products or get a refund. No return shipment in cash on delivery will be accepted, for any reason whatsoever.
C – In case of an exchange concerning the size, the customer must send the item to be exchanged to the following address: CIMBALY INTERNATIONAL, Service Client BOUTIQUE, 1 boulevard Charles BALTET, 10000 TROYES, France. The customer shall keep the tracking number of their return package.
9 – CUSTOMER SERVICE
For any information request and question, our customer department is available:
– By phone: +33 325 765 777 - Monday to Friday from 9:00-12:00 / 14:00-17:30.
– By email: firstname.lastname@example.org
– By postal mail to: CIMBALY INTERNATIONAL, Service Client BOUTIQUE, 1 boulevard Charles BALTET
10 – INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced in the shop of the website https://boutique.marathondessables.com are reserved under copyright as well as under intellectual property and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is accepted subject to different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes counterfeiting and is punishable under Intellectual Property law unless prior authorization is obtained from CIMBALY INTERNATIONAL.
11 – LIABILITY
The products offered comply with current French legislation. CIMBALY INTERNATIONAL cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered. It is the customer's responsibility to check with local authorities the possibility of importing or using the products or services they intend to order. The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, CIMBALY INTERNATIONAL cannot be held liable in the event of an error in one of these photographs or texts.
CIMBALY INTERNATIONAL shall not be held liable for any breach of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flooding, fire. CIMBALY INTERNATIONAL shall not be liable for any indirect damages hereunder, operating loss, loss of profit, loss of opportunity, damage or costs.
12 – APPLICABLE LAW OF DISPUTES
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the person who takes the trouble to explain their situation. In the event of a dispute, the client shall first contact CIMBALY INTERNATIONAL to seek an amicable solution.
This contract is governed by French law. The language of this contract is French.
In the event of a dispute, the courts of Paris have sole jurisdiction.
CIMBALY INTERNATIONAL cannot be held liable for any damage of any kind, whether material or immaterial or physical, which may result from improper operation or use of the products marketed. In any event, CIMBALY INTERNATIONAL will only liable up to to the amount of the order and may not be held liable for simple errors or omissions that may have remained despite all the precautions taken in the presentation of the products. In any case, CIMBALY INTERNATIONAL cannot be held liable for non-compliance with the regulatory and legislative provisions in force in the country of receipt. Its liability is systematically limited to the value of the product in question, value on its date of sale and this without any possibility of recourse against the brand or the company producing the product.
13 – INTELLECTUAL PROPERTY
All the elements of the website, whether visual or audio, are protected by copyright, trademarks or patents. They are the exclusive property of CIMBALY INTERNATIONAL. Any total or partial reproduction, modification or use of this trademark, as well as more generally of the other intellectual property rights attached to the website, for any reason and on any medium whatsoever, without the express prior consent of CIMBALY INTERNATIONAL, is strictly prohibited.
14 – PERSONAL DATA
In accordance with the French Data Protection Act of 6 January 1978, and the General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016), CIMBALY INTERNATIONAL processes the personal data of its customers and prospects, hereinafter referred to as customer and prospect data.
CONTROLLER AND DPO:
The controller is CIMBALY INTERNATIONAL whose registered office is located at 1 boulevard Charles BALTET, 10000 Troyes, France.
TYPE OF DATA COLLECTED:
PURPOSES OF THE PROCESSING:
This customer and prospect data is collected as part of CIMBALY INTERNATIONAL's activities in the sale of textile items, luggage, accessories and specific equipment and in the management of the customer and prospect base through segmentation, prospecting, loyalty and communication by email or SMS.
The recipients of the data are the customer, and e-commerce marketing departments of CIMBALY INTERNATIONAL, as well as several payment providers: BNP Mercanet, PayPal and SumUp, the website's (https://boutique.marathondessables.com) host PlanetHoster, and our transport service provider Colissimo, to ensure the delivery of customer orders. Data transfers with our service providers are governed by contract and in accordance with the law in force, and are subject to an adequate level of data security.
In accordance with the principle of retention of the General Data Protection Regulation, and French Simplified Standard 48 for the management of customer and prospect files, personal data relating to customers may not be retained beyond the retention period strictly necessary for the management of the business relationship.
CIMBALY INTERNATIONAL undertakes to delete or archive customer data at the end of a period of 3 years following the last purchase, and prospect data at the end of a period of 3 years following the last interaction.
The exception is data necessary to establish proof of a right or contract that can be archived, as provided for by the provisions of the French Commercial Code relating to the retention period for books and documents created in the course of commercial activities, and the French Consumer Code relating to the retention of contracts concluded by electronic means.
RIGHTS OF THE DATA SUBJECT:
The customer or prospect has a right of access to and rectification of the data concerning them, and can also exercise their right to erasure or to be forgotten, as well as their right to data portability or their right to object. For any request, simply write to CIMBALY INTERNATIONAL, 1 boulevard Charles BALTET 10000 TROYES – email@example.com
Finally, any customer or prospect has the right to file a complaint with the competent supervisory authority (in France, the CNIL) concerning the processing of their personal data.
LAWFULNESS OF PROCESSING OPERATIONS:
The provision of customer data is necessary for a purchase on the website https://boutique.marathondessables.com, in particular for the delivery of the order to the customer.
The collection of prospect data is based on the legitimate interest of the controller. Finally, data processing by CIMBALY INTERNATIONAL may comply with a legal obligation (taxation or litigation management for example).
15 – CUSTOMER DEPARTMENT
For any request and question, the customer department is at your disposal:
– By phone: +33 325 765 777 - Monday to Friday from 9:00-12:00 / 14:00-17:30.
– By email: firstname.lastname@example.org
– By postal mail: CIMBALY INTERNATIONAL, Service Client BOUTIQUE, 1 boulevard Charles BALTET, 10000 TROYES, France.