General Terms and Conditions
1. Subject:
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are intended to define the conditions under which an individual or legal entity (hereinafter referred to as "the Customer") purchases the products and services provided by Astor SAS (hereinafter referred to as "www.astor-berning.de") through its website www.astor-berning.de, specialized in the online sale of metal and plastic products.
Only these GTC apply to orders placed on the website www.clous.eu. The Customer declares that they have read these GTC before placing an order and have accepted them without reservation.
2. Definitions:
Customer: an individual or legal entity entering into a purchase contract with Astor SAS via the website www.clous.eu, in accordance with these GTC.
Access Codes: identifier (email address) and password registered by the Customer when creating an account on the website. Access Codes allow the Customer to access their account.
Quotation: In accordance with applicable law, Astor SAS provides the Customer with a free quotation based on the items selected on the site and saved in their cart.
Products and Services: all services and products offered by Astor SAS on its website.
3. Order :
3.1 Placing an Order
Orders are placed online via the website.
The Customer selects the Products and Services of their choice by adding them to their cart. The prices indicated in the order are valid for ten days from the date of issue, subject to the validity periods of ongoing promotional offers.
3.2 Order Confirmation :
The Customer declares that they have read and accepted these GTC before confirming the order. Final confirmation of the order constitutes acceptance of the Quotation and the applicable GTC.
Order confirmation is completed by clicking the "confirm order" box. By clicking this box, the Customer expresses consent to the entire order.
The order becomes final after confirmation by Astor SAS, notified by sending a confirmation email to the email address provided by the Customer, subject to the application of applicable distance-selling laws and confirmation of agreement by the banking payment centers.
3.3 Order Modification :
Subject to the rules applicable to distance selling, orders are final and irrevocable. Any request for modification by the Customer is subject to acceptance by Astor SAS.
3.4 Order Validity :
www.clous.eu reserves the right to refuse any order for legitimate reasons, particularly in cases where:
- the quantities ordered are abnormally high compared to quantities usually ordered by customers as consumers
- a dispute exists between Astor SAS and the Customer, especially if the Customer has not paid for previous purchases
Offers from Rivierres Sàrl are valid as long as they are visible on the website, subject to available stock, excluding promotional operations indicated as such on the site.
4. Customer’s Prior Obligations :
For any purchase on the website, the Customer guarantees that they are of legal age (for individuals) and competent.
The Customer must verify the accuracy and truthfulness of the information and data provided in their account and when placing orders.
The Customer agrees not to share their Access Codes with any third party. They acknowledge that all operations performed on their account using their Access Codes are attributable to them.
Astor SAS makes every effort to ensure that the photos presented on the website are an accurate representation of its products. However, the Customer is informed that depending on the digital tools or processes used to view these photos, color variations may appear. The Customer acknowledges that photos on the website are non-contractual and that product compliance is assessed based on model, color, diameter, and length criteria recorded in the validated order.
The Customer acknowledges that the technical product information published on the website is provided by the suppliers from whom Astor SAS sources its products.
5. Price, Payment Terms, and Invoice :
5.1 Price :
The price of Services and Products is that indicated on the website www.clous.eu in effect on the date and time the order is placed.
The price is stated in Euros.
The Quotation prepared in accordance with applicable law and these GTC details the prices and characteristics of the items selected by the Customer in their cart. The Quotation is valid for ten days from its date of issue, subject to the validity periods of ongoing promotional offers.
5.2 Due Date :
Payment is due at the time the Customer confirms the order.
The Customer guarantees that they are fully authorized to use the chosen payment method to settle the order in accordance with these GTC.
The chosen payment method must provide sufficient funds to cover the amount due.
5.3 Modes et moyens de paiement
Payment is made exclusively by:
- Credit Cards: Carte Bleue, Visa, Mastercard, and American Express
The Customer’s bank account will be debited on the date of the order. The order will be considered effective after confirmation by the banking payment centers.
www.clous.eu informs the Customer that banking transactions are managed by a professional third party ensuring the security of the data involved.
5.4 Invoice
When purchasing online, an invoice will be issued containing all mandatory information for invoices and for the products and services concerned.
This invoice will be included in the package upon delivery of the product.
5.5 Late, Rejected, or Failed Payment:
www.clous.eu reserves the right, if the agreed price is not paid for any reason, to suspend execution of the order or terminate it by simple email to the Customer.
6. Delivery
6.1 Product Availability
If a product becomes unavailable after placing an order, the Customer will be informed by email. The order will then be automatically canceled, and the Customer will be reimbursed as soon as possible if their account was debited.
6.2 Delivery Method
Products are delivered to the delivery address provided by the Customer during the order process or to the nearest pickup point to their delivery address.
6.3 Delivery Time
Delivery occurs no later than five business days from the date the order becomes final under these GTC. The delivery date accounts for manufacturing time plus processing and shipping time.
Delivery is deemed complete upon provision of the product or service to the Customer by the carrier (La Poste or a specialized carrier).
If the Customer orders multiple products with different possible delivery dates, www.clous.eu reserves the right to split the shipment.
6.4 Delivery Delay:
In case of delivery delay, the Customer is invited to contact www.clous.eu customer service by email or phone.
For delays caused by www.clous.eu exceeding seven business days after the applicable delivery period, the Customer may cancel the order within 60 business days in accordance with legal provisions.
In this case, if the Customer receives the product after cancellation, the product and return costs will be refunded within 30 business days of receipt by www.clous.eu, provided it is complete and in its original condition. Otherwise, no refund will be issued.
6.5 Reservations
In case of transport damage (e.g., damaged or opened package), the Customer must refuse the package or request a damage certificate from the carrier.
If the package is accepted, the Customer has three business days from delivery to submit claims to the carrier and www.clous.eu via registered mail with acknowledgment of receipt.
7. “100% Satisfied or Refunded” Guarantee:
The Customer has 30 days from receipt of the Products to exercise the “100% Satisfied or Refunded” clause.
Refund requests and reimbursement will be handled in accordance with Article 9 of these GTC.
8. Right of Withdrawal and Legal Guarantees
8.1 Right of Withdrawal
In accordance with applicable law, the Customer has seven days from receipt of the Products to exercise the right of withdrawal from www.clous.eu without justification or penalty.
This 7-day period is included in the 30-day period of the “100% Satisfied or Refunded” offer.
Requests to exercise the right of withdrawal must comply with Article 9 of these GTC.
When exercising this right within the period, only the price of the Product(s) and shipping costs will be refunded; return costs remain the Customer’s responsibility.
In accordance with applicable law, and particularly Article L.121-20-2 of the French Consumer Code, the right of withdrawal does not apply to Products made to the Customer’s specifications and clearly personalized.
8.2 Legal Guarantees
In accordance with applicable law regarding product compliance with the contract (Articles L.211-4 and L.211-5 of the French Consumer Code), www.clous.eu refunds products that are clearly defective or do not match the Customer’s order.
The Customer acknowledges that compliance is assessed based on model, color, diameter, and length recorded in the validated order.
The Customer also benefits from the legal guarantee against hidden defects under Articles 1641 et seq. of the Civil Code.
Return conditions for reimbursement are governed by Article 9 of these GTC.
9. Product Return and Refund Procedures:
Refund requests, whatever the reason, must be sent to “www.clous.eu - 6, rue des Usines, 60100 Creil, France,” including Customer references (name, address) and order number, and the invoice related to the order for proper processing.
Products must be returned to Astor SAS at: “Astor SAS, 6, rue des Usines, 60100 Creil, France” within the period applicable to the reason for the return under these GTC.
For these refund and/or return requests, it is strongly recommended that the Customer use tracked or registered shipping to ensure delivery to www.clous.eu. The Customer is informed that proof of receipt by www.clous.eu is their responsibility.
The Customer is explicitly informed that www.clous.eu will not issue any refund until the returned item is received with all the following elements:
- The Product(s) in the condition received with all components (original packaging, instructions, accessories, documentation…). Any product showing use beyond normal testing cannot be refunded.
- The purchase invoice
- A bank account (RIB) for refund processing
If any of these elements are missing, the Customer acknowledges that www.clous.eu reserves the right not to refund without liability.
Only the price of the Product(s) and shipping costs will be refunded; return costs under the “100% Satisfied or Refunded” clause or right of withdrawal remain the Customer’s responsibility.
Refunds will be made no later than thirty days from receipt of the refund request by www.clous.eu.
Due to the nature of the Products, only refunds are possible; exchanges are excluded.
10. Liability – Force Majeure:
www.clous.eu cannot be held liable for non-performance or improper performance of the contract due to:
- the Buyer’s actions,
- insurmountable and unforeseeable acts of third parties,
- force majeure as defined in Article 1148 of the Civil Code, as recognized by French courts.
www.clous.eu complies with French tax laws regarding VAT and customs duties. Accordingly, if the Customer is not subject to these rules, they are solely responsible for all foreign taxes or duties. www.clous.eu cannot be held liable under any circumstance for this reason.
11. Termination Clause
Order termination may be executed by simple email and will take effect automatically without judicial procedure if the Customer fails to pay for the order.
12. Evidence Agreement:
www.clous.eu and the Customer expressly agree that operations and data, such as identification data, dates, content, and validation processes from www.clous.eu automated recording systems, are admissible and binding even in case of dispute and constitute proof of all operations and transactions carried out by the Customer on the website.
The same applies to Quotations generated and stored by www.clous.eu’s IT system.
The Customer acknowledges the evidentiary value of data and facts from delivery, receipt, and handover systems of third-party carriers.
13. Personal Data
For proper contract execution and management of business relations, the Customer acknowledges that certain personal data must be transmitted to www.clous.eu.
Data Controller: Astor SAS, 6, rue des Usines, 60100 Creil, France
www.clous.eu will use this data to process the Customer’s order. It may be transmitted to companies involved in commercial relations, such as those handling services and orders for management, execution, processing, and payment. This information is also retained for security and legal compliance.
Personal data may also be used by www.clous.eu to improve and personalize services and to inform the Customer about similar or related products and services.
www.clous.eu may provide consolidated statistics to its partners but without personal data.
www.clous.eu may offer the Customer the option to receive:
- Information and commercial offers from www.clous.eu partners via email;
- Offers sent directly by commercial partners of www.clous.eu.
In accordance with French Law No. 78-17 of January 6, 1978, as amended (“Informatique et Liberté”), www.clous.eu’s personal data processing has been declared to the CNIL.
In accordance with Article 34 of Law No. 78-17, everyone has the right to access, modify, correct, and delete their personal data.
To exercise this right, site users may send a request (including email, name, subject: “exercise CNIL right”) to:
Astor SAS – Personal Data Department – 6, rue des Usines, 60100 Creil, France
Email: contact@madeinpme.eu
To better meet Customer needs, cookies are also used on www.clous.eu. Cookies indicate the presence of a user on the site. Cookies are only used to improve personalized service and do not identify individuals.
Users may block cookies by configuring their browser.
14. General
The applicable version of the GTC is the one in effect on the date the order is confirmed by the Customer.
Invalidity of one clause does not invalidate the GTC.
www.clous.eu reserves the right to modify its GTC at any time.
15. Intellectual Property
The brand www.clous.eu, concept, content, layout, structure, source code, programming, images, photos, animations, audiovisual works, texts, data, music, and all other elements remain the exclusive property of Astor SAS and are protected by intellectual property rights (copyright, trademarks, database rights, etc.).
Copying, reproduction, or printing, in whole or in part, is only allowed to prepare and place an order. Any other use is prohibited.
Company names, trademarks, and distinctive signs reproduced on the site are protected by trademark law. Reproduction or representation of these requires prior written authorization.
16. Applicable Law – Dispute
This contract is governed by French law. The language of this contract is French. In case of dispute, French courts have exclusive jurisdiction.
Date of these GTC: October 29, 2012