Standard terms and conditions of business

Preamble

The website www.coeurdecigale.com is produced by the company CŒUR DE GIGALE, S.A.S. with a capital of 10,000 euros and the registered office of which is at 7, les Cardelines, 13850 Gréasque, and which is registered with the Marseille Register of Companies & Commerce under the number 802 319 012 00018.
These Terms and Conditions of business govern the relationship between the company CŒUR DE CIGALE and the purchaser who uses this site for personal shopping.
The User wishing to purchase online via the website hereby formally declares that he / she has full legal capacity.
Any order for a product offered for sale on the website assumes that the User has read and expressly accepted these Standard Terms & Conditions of business without however such acceptance being subject to the User’s handwritten signature.
In accordance with the provisions of articles 1316 to 1316-4 of the French Civil Code, ammended by Decree No. 2001-272 of 30 March 2001, enacted for the application of article 1316-4 of the Civil Code in relation to electronic signatures, it is recalled that such a signature shall have the same value between the parties as a handwritten signature.
The company CŒUR DE CIGALE reserves the right to modify its Terms & Conditions of business at any time. In the eventuality of modification of the Terms & Conditions, the applicable conditions shall be those in effect at the time of ordering.

Presentation and availability of products

The COEUR DE CIGALE products offered for sale on this website are presented with their essential characteristics, as provided for in Article L 111-1 of the Consumer Code (Act n°2014-344 of 17 March 2014).  
Photographs and graphics of the products offered for sale on this site are not contractual and are susceptible to change. If the photographs and / or graphics presented are erroneous, COEUR DE CIGALE shall not be held liable. 
All orders will be honoured within the limits of available stocks. In the case of unavailability of one or more items, these will not be taken into account at the time of ordering.

Prices

The prices for the products are shown in euros, they are inclusive of Value-Added Tax (VAT) at the rate applying on the date of the order.
The prices are subject to modification as the result of a change in the Value-Added Tax (VAT), or following a company decision, the Purchaser fully agrees to these terms and conditions.
However, products will be billed at the price in effect at the time the registered order was made.
Prices do not include shipping and packaging. These will vary depending on the delivery location. (See section - Delivery)

Registration and confirmation of the order

Navigating the Website

The User is free to navigate between the different web pages on the website coeurdecigale.com, without any obligation to make any purchase.

Registering the order

If the User wishes to make an order, he or she selects the various different products in which he or she is interested and makes such interest clear by clicking on the "Add to thebasket" button.
At any time the User may:
- obtain a summary of the products selected or alter his/her order by clicking on "Confirm order"; it will then be specified that the order must be completed by payment,
- continue with his/her shopping,
- complete his/her product selection and place an order by clicking on "My basket".
To order the products, the User clicks on "Order": an order summary will appear on-screen, then the User must complete in full the form available on-line, which contains the details required for identity purposes. COEUR DE CIGALE cannot be held liable for typing errors, which may cause a delay in the order, a delivery error or a return of the order. The price for the resending of an order will therefore be at the charge of the User.

Final confirmation of the order and payment

Once the Terms & Conditions of sale have been accepted, the User will confirm his or her order, and will choose the desired method of payment for the goods by credit card (Debit card, Visa or MasterCard), and will be redirected automatically to the server monetique of the bank CIC (CM-CIC p@yment). It is clear that the CIC bank server has the 3D secure system to ensure confidentiality of banking information and to avoid fraud. Once payment has been confirmed, the User returns to the website COEUR DE CIGALE. His or her order is registered and becomes irrevocable. The User, henceforth, becomes the Purchaser. The order form is registered in COEUR DE CIGALE’S computerized records, which are themselves stored on a durable and reliable back-up support, and will be deemed to be proof of the contractual relationship between the Parties. After order confirmation, the Purchaser will receive a confirmation email joined by a withdrawal form (Act n°2014-344 of 17 March 2014).
CŒUR DE CIGALE remains owner of the goods until full payment of the price and incidental costs are made (shipping, customs fees) if applicable.
COEUR DE CIGALE reserves the right to refuse any order or delivery in the case of a legal dispute with the Purchaser, following the total or partial non-payment of a previous order. 

Delivery

The order will be sent by Colissimo Suivi, and delivered in 48 hrs. (or 2 working days) in mainland France, Corsica, Monaco and Andorra. Orders will be sent directly to the Purchaser’s address and delivered to their letter box without a signature, if the size of the package allows. In the case of the recipient’s absence, a postal delivery notice will be placed in their letter box; the Purchaser has 15 days in which to claim his or her package from their local post office. The delivery time is provided for information purposes, and may not give rise to damages, withholding or cancellation of the order by the Purchaser. CŒUR DE CIGALE cannot be held responsible for late delivery due to the carrier. In any event, it is recalled that, in accordance with the provisions of Article L. 121-20-3 of the Consumer Code (Act n°2014-344 of 17 March 2014), the ordered products will be delivered within a maximum of 30 days, from the day following the Purchaser’s registered order, and on the condition of full payment. A failure to deliver within the above mentioned maximum time period, the Purchaser will have the option to cancel the order. The amounts paid will be refunded no later than fourteen (14) days following the date on which the contract was terminated, with the exclusion of any other compensation.

For shipments in mainland France, Corsica, Monaco and Andorra the order will be sent via Colissimo Domicile France. Shipping fees will appear when selecting products for an order. They  will cost 5.90€ TTC. They are free for orders of at least 20 euros, VAT included.

For deliveries within the European Union, orders will be sent via Colissimo Expert International. Deliveries will be made within 2 to 4 working days and upon recipient’s signature. In the case of the recipient’s absence, a postal delivery notice will be left in their letter box; the Purchaser has 15 days in which to claim his or her package from their local post office. Shipping fees will vary according to the delivery address (table 1). Shipping fees will appear at the confirmation of the order and do not include any duties that may be charged upon delivery. Any customs duties shall be borne by the Purchaser. It is the responsibility of the Purchaser to keep informed about the taxes in his/her country before confirming an order.

Price VAT (euros)
Zone 1
Price VAT (euros)
Zone 2
Price VAT (euros)
Zone 3
Price VAT (euros)
Zone 4
Price VAT (euros)
Zone 5
 14.00 17.00 18.00 23.00 23.50


Table 1: pricing for the European Union.

Zone 1 : Germany, Belgium, Netherlands, Luxembourg
Zone 2 : United Kingdom, Italy, Spain
Zone 3 : Austria, Ireland, Portugal
Zone 4 : Hungary, Poland, Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Denmark
Zone 5 : Greece, Finland, Sweden, Romania, Croatia

For shipments overseas, the order will be shipped via Colissimo Access Outre-Mer, within 5 to 7 working days following the date of the registered order. Orders will be sent directly to the Purchaser’s address and delivered to their letter box without a signature, if the size of the package allows. In the case of the recipient’s absence, a postal delivery notice will be placed in their letter box; the Purchaser has 15 days in which to claim his or her package from their local post office. Shipping fees will cost 15.90€ TTC. They will appear at the confirmation of the order.
Zone Overseas:  Guadeloupe (including St Barthelemy and St Martin), Martinique, Reunion Island, Guyana, Mayotte, St Pierre and Miquelon

On receipt of the Products ordered, the Purchaser must check that the Products are compliant. Discrepancies relating to the delivery (damaged package, missing or broken items…) must be reported by the Purchaser within 48 hrs., counting from the day of reception, in the « Contact » section on the website www.coeurdecigale.com. All claims made after this period will be refused and COEUR DE CIGALE shall not be held liable thereof. COEUR DE CIGALE reserves the right to require the Purchaser to return the defective product.

Right of withdrawal

The Purchaser has a period of fourteen (14) days to return the product (s) for a refund, at his or her expense or risk, if he or she is not satisfied with the product (s) ordered. This period starts from the date of receipt of the order. The Product(s) must be returned in perfect condition and in their original containers and packaging to the following address: COEUR DE CIGALE 7 les Cardelines – 13850 Gréasque, France.
If the conditions detailed above are met, COEUR DE CIGALE will reimburse the Purchaser as quickly as possible and within a maximum of fourteen (14) days from the date on which the right to withdraw from the transaction was exercised. This includes the original delivery charge but not the cost of returning goods, which will be borne by the Purchaser.

Responsibility

CŒUR DE CIGALE shall not be held responsible in the case of a shortage of stock, or the unavailability of products, due to an event that constitutes a force majeure (as defined by case law and French jurisdiction), disturbances or strikes, primarily postal service, transportation or modes of communication, floods, fires. In the case of force majeure COEUR DE CIGALE will advise the Purchaser thereof within five (05) working days of the occurrence. The Parties hereby agree that they will consult one another within the shortest possible time in order to decide jointly on how to carry out the order during the case of force majeure.

Futhermore, CŒUR DE CIGALE cannot be held liable for any inconveniences or damages incurred from the use of the Internet, including an interruption of service, hacker attacks or the presence of computer viruses.

Personal space

The creation of a personal space called « My Account », is tantamount to any order made by the User. The User is hereby informed that he or she must provide accurate personal information, under the penalty of the cancellation of the contract, and the removal of the account at the initiative of CŒUR DE CIGALE.
When creating the personal space, the User is asked to choose a password. This guarantees the confidentiality of the information contained in the « My Account » section. The User agrees not transmit or share their password with a third party. In the event of non-compliance to this policy, the site cannot be held responsible for any unauthorized use of a User member’s account.

This space allows the Purchaser to check all orders and to track their delivery. If the data contained in the personal space were to disappear due to an unfortunate event, a technical failure or force majeure, CŒUR DE CIGALE shall not be held liable, as the data is only informative in nature. However, CŒUR DE CIGALE commits to the safe storage of all contractual elements.

CŒUR DE CIGALE reserves the right to remove the account of a User who breaches the Terms & Conditions of business or who is inactive for over a year. In the event of the removal of an account the User will not suffer any damages, but cannot claim any indemnities.

Newsletter

By ticking the box for our Newsletter, the User agrees that CŒUR DE CIGALE will send a newsletter at various times, containing information relating to, or not relating to its activities. Subscribers have the possibility to unsubscribe in the « Contact » section.

Computers and freedom

The registered information gathered in the context of distance selling is required, this information is necessary for the processing and delivery of orders and for preparing invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order.

In accordance with the law of 6 January 1978, relating to computers and freedom, the processing of personally identifiable information gathered from the website is subject to formal declaration registered with the National Commission for Information Technology and Civil Liberties [CNIL]. The User has the right of access, modification, correction or removal of data relating to him or her. To exercise this right, the User may make a request in the « Contact » section of the website www.coeurdecigale.com or by post to: CŒUR DE CIGALE – 7 les Cardelines – 13850 Gréasque.

Hypertext links and viruses

The hypertext links on the website www.coeurdecigale.com may refer to other websites, and no responsibility shall be incurred by CŒUR DE CIGALE if the content of these websites violates the laws in force. Also, the User accepts that his or her choice to access another site through a hyperlink, is at his or her own risk. In general, he or she is responsible for taking the necessary precautions to ensure that the site selected is not infected with a virus or other destructive elements. In no case can CŒUR DE CIGALE be held responsible for direct or indirect damages resulting from the use of its website or other websites that are linked to it.

Entire agreement

These Standard Terms & Conditions of business and the order summary transmitted to the Purchaser form a single contract and constitute the whole of the contractual relationship between the Parties. In case of conflict between these documents, general conditions shall prevail.

Applicable law and competent jurisdictions

These Standard Terms & Conditions of business are subject to French law, whatever the country of residence of the Purchaser or the place where the order was registered. In case of litigation relating to the interpretation, execution or rupture of these general terms of sale, and when an amicable solution cannot be reached, competence will be expressly attributed to the jurisdiction of the Tribunal of Marseille.

Intellectual Property

All elements of the site www.coeurdecigale.com (trade marks, designs, logos, photos, graphics, texts) are the exclusive property of CŒUR DE CIGALE. The reproduction or use of all or part of these elements is only authorized for personal and private use, any reproduction and any use of copies made ​​for other purposes including commercial is expressly prohibited. Any other use without the prior written permisson of CŒUR DE CIGALE constitutes infringement and is punishable under the Intellectual Property rights.