General terms and conditions of sales

www.cupalors.com (le « Site ») is edited by the company CUPALORS EURL with a  capital of 5000 €, whose head office is situated 41 rue Louis Delos, 59800 Lille, registered with the Lille Métropole Trade and Companies Register under number 840362354, including the intra-community VAT number FR38840362354 (hereinafter “Cupalors”).

1. Applications of general terms and conditions of sale
The general terms and conditions of sale detailed below apply to all orders for products and services made through the Site (the “Products”) to Cupalors by any person (the “Customer”). These general terms and conditions of sale apply to all orders placed through the Website www.cupalors.com. They prevail over any other stipulation written or not, made by the customer, in accordance with the rules established for contracts concluded through e-commerce.

The Customer must read the General Terms and Conditions of sales prior to any order (the “Order”), the General Terms and Conditions of sales being available on the Site. Any order implies full acceptance of these conditions of sale subject to any special conditions written by the seller at the time of the order. The acceptance and confirmation of the order are established by the data entry by the customer on successive screens; these data appear on a summary screen with an explicit mention of the consumer’s firm commitment before accessing the payment platform.
The order confirmation procedure performed by the customer constitutes the electronic signature of these general conditions of sale.

Cupalors reserves the right to adapt or modify these Terms and Conditions of sales at any time. The version of the general terms and conditions of sales applicable to any sale being the one appearing online on the site www.cupalors.com at the time of the Order. Consequently, placing an Order requires full prior and unreserved acceptance of the General terms and conditions of sales by the Customer by clicking on the button “I have read and I accept the general terms and conditions of sale”.

2. Site Information and Site Accessibility

www.cupalors.com is an ecommerce site owned and operated by Cupalors.

The site is open to all users of the Internet network in principle accessible 24 / 24h, 7 days à week, unless interrupted, scheduled or not, by Cupalors or its providers, for the purposes of maintenance or force majeure (as defined in the present terms). Cupalors cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the site. Cupalors does not guarantee that the site will be free from anomalies, errors or bugs, nor that the site will operate without failure or interruption. In this respect, it may freely determine, in its sole discretion, any period of unavailability of the site or its content. Cupalors can not be held responsible for data transmission, connection or unavailability issues.

Cupalors reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of the supply of the services, in a substantial and negative way, the Customer can be informed of the modifications made, but the customer acceptance is not solicited.

3. Inscription on the site
To place an Order, the Customer must first register on the Site by creating an account aggregating the information of the Customer (the “Account”). The registration of the Customer on the site is validated after verification of the standard form filled by the Customer, then the Customer receives an e-mail confirmation of registration. When creating an account, the Customer must ensure the accuracy and completeness of the data it provides. The Customer is required to always update their personal information.

When creating an Account, the Customer must ensure the accuracy and completeness of the data they provide. The Customer is required to always update their personal information. In the event of an error in the address details of the recipient, Cupalors can not be held responsible for the impossibility of delivering Products.
By registering on the website www.cupalors.com, the Customer declares and guarantees to cupalors that he is of age and has the legal capacity to contract.
Cupalors may delete the Customer’s account at any time, for any reason, in its sole discretion.

4. Products
The Products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Cupalors. As such, Cupalors cannot be held responsible for the cancellation of an Order for a Product due to the depletion of stocks.

Cupalors takes the utmost care in the presentation and description of its Products to best satisfy the information of the Customer. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.

Cupalors does not warrant the accuracy or security of the information transmitted or obtained through the Site.

It is possible that the Customer receives after an Order, a piece previously returned by another person. It is specified that Cupalors only accepts the return of intact and unused Products, both conditions being controlled before the re-stocking of the returned Products.

5. The Orders
Order taking on the Site is subject to compliance with the procedure set up by Cupalors on the Site comprising successive stages leading to the validation of the Order. Any order implies full acceptance of the present Terms and Conditions and will only be considered after acceptance of payment.

The Customer can select as many Products as he wants to add to the cart (the “Cart”). The Basket summarizes the Products chosen by the Customer as well as the prices and related fees. The Customer may freely modify the Basket before validating his Order. The validation of the Order is confirmation of the Customer’s acceptance of the General Terms and Conditions, the Products purchased, their price and the associated costs.

Cupalors undertakes to honor orders received within the limits of available stocks and, in the event of unavailability, to inform the Customer by any means at its convenience. The Customer may then cancel the order and be reimbursed for sums already paid.
Cupalors reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.

6. Prices and methods of payment
The full payment must be made when ordering. At no time can the sums paid be considered as a deposit or installments.
The prices of the products are indicated on the Website in euros, but excluding customs fees and other taxes. Customs and other taxes must be paid by the Customer directly to the carrier.

All prices displayed are calculated and include the value-added tax (VAT) applicable in France.

Professional purchases coming from countries outside of France, and provided they have a VAT number, are not subject to VAT (value added tax).
 
The Customer may pay by credit card. For his credit card transaction, the Customer will indicate the number on the front of his card, the expiry date of his card and the cryptogram on the back of his card (last 3 digits). The communication by the Customer of his credit card number is the authorization for Cupalors to debit his account for the amount of his order.

Cupalors reserves the right to change prices at any time but the Products will be billed based on the rates in effect at the time of registration and payment of the Order, subject to availability.

Payment of purchases is made via Paypal or via the secure platform of our payment provider STRIPE.

Paypal (Europe) S.à.r.l. and Cie, is a Luxembourg limited partnership, registered in the R.C.S of Luxembourg under number B118349, whose head office is located at 22-24, Boulevard Royal – L-2449 Luxembourg. For any information, the Customer can consult the following website: https://www.paypal.com.

Stripe France is a company registered in Paris (France) under the number 80757201100029, whose head office is located14 RUE SAINT FIACRE 75002 PARIS, France. For any information, the Customer can consult the following website: https://stripe.com The data recorded and stored by Cupalors is proof of the Order and all past sales. The data recorded by Paypal or STRIPE constitutes proof of any financial transaction between the Client and Cupalors.

7. Refusal to process an order
Cupalors reserves the right to remove any Product posted on the Site at any time and to replace or modify any content or information contained on it. Despite our best efforts, Cupalors may be required to refuse to process an Order after sending the Customer the confirmation email summarizing the Order.

Cupalors shall not be liable to the Customer or any third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information contained on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.

8. Intellectual property
All texts, comments, photos, brands, illustrations and images reproduced on the website www.cupalors.com are protected by intellectual property and for the whole world. Any total or partial reproduction of the site www.cupalors.com is strictly prohibited.
In addition, the original products sold on www.cupalors.com are also protected by intellectual property rights for the entire world. As a result, any infringement of these products is strictly prohibited

9. Delivery
Deliveries are made by delivery service providers, from Monday to Saturday, depending on the option chosen by the Customer during the validation of their Order.

Delivery means the transfer to the Customer of the physical possession of the Products (the “Delivery”).

Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order.

The transfer of risks to the Customer occurs as soon as Cupalors delivers the products to the carrier. The products travel at the risk of the Customer. It is the same in case of sending or returning products made by the Customer. During the withdrawal period mentioned in article 10, the Customer is responsible for the goods as guardian.

In case of deterioration or destruction of the product during the custody of the Customer, the latter will be fully responsible.

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, a natural person of his choice or a legal person (delivery to his company). ). Delivery cannot be made to hotels or postboxes.

In case of impossibility to make the Delivery, due to an incorrect delivery address or the absence of withdrawal by the Customer of the Order from the selected point of withdrawal or Chronopost, no reshipment can be made and the Customer will be refunded within ten (10) days of receipt of the Order by Cupalors.

The estimated delivery times are on the Site when an item is selected, but note that from November 23rd to December 31st, the Delivery time may be increased by ten (10) days, given the large volume and exceptional Orders.

In order to meet these deadlines, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase code, access, names and / or intercom numbers, etc.).

Cupalors cannot be held responsible for the delay of delivery being not his fault or justified by a case of force majeure (as defined below).

10. Right of retraction – refunds and returns
The essential characteristics of the articles are presented on www.cupalors.com in each of the article sheets. The Customer is fully aware that the images, photos and colors of items sold may not correspond to the actual colors under the effect of the Internet browser and the screen used.

According to the articles L121-20 and following of the French Code of the consumption, the Customer, if they are not satisfied, has a right of retraction which they can exercise without motive, within a legal delay of 14 days as from the date of dispatch, which will be exercised by the return at their expense of the new products and in their original packaging, accompanied by the order number, to the following address: Cupalors, 41 rue Louis Delos, 59800, Lille , France, as well as the simultaneous sending of an e-mail to contact@cupalors.com, informing us of the wish to return the product which is the object of the retraction, and mentioning the number of the order of the latter.

The right of withdrawal is exercised without penalty.
Beyond this period of fourteen (14) days, the sale is firm and final.
Items returned incomplete, damaged, used or soiled cannot be returned if they are not in a condition to be re-sold.
The returned item will be refunded to the Customer within a maximum of 8 working days from receipt by Cupalors.
Cupalors makes the refund using the same method of payment that will be used for the payment of the Order.

The reimbursement of an order paid with a gift card, or a credit note, will be automatically refunded in the form of a credit note.

If the Customer does not comply with these Terms & Conditions, Cupalors will not be able to refund the Products concerned. In all cases, return shipping costs are the responsibility of Cupalors if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.

11. Warranties – Limitation of Liability
The responsibility of Cupalors for any Product purchased on the Site is strictly limited to the purchase price of the latter. The documents, descriptions and information relating to the Products on the Site are not covered by any warranty, express or implied, except as provided by law.

Cupalors does not provide any guarantee regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or impede its proper operation, including any transmission arising from the download of any content made by the Customer, software used by the latter to download the content, the Site or the server that allows access. In this regard, the Customer acknowledges that it is their responsibility to install appropriate anti-virus and security software on their computer hardware and any other device to protect against any bug, virus or other programming routine. In this regards the Customer acknowledges all risks associated with any content downloaded or obtained in any other way through the use of the Site and agrees that it is solely responsible for any damage to its computer system or any loss of data resulting from the download of this content.

Cupalors is only required to deliver Products in accordance with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics exhibited on the Site; (ii) they must be adapted for the purposes for which products of that kind are generally designed; (iii) they must meet the criteria of quality and strength which are generally accepted for products of the same kind and which can reasonably be expected. In addition, Cupalors guarantees the consumers of the defects of conformity and latent defects for the products on sale on the Site under the following conditions:

Apparent Vice – Warranty – Legal Compliance – Hidden Vices
The presence of an apparent defect on a Product must give rise to complaint by email (contact@cupalors.com)
The Customer must comply with the procedure relating to the right of withdrawal by informing in advance by any means Cupalors of the existence of this apparent defect, so that the return can be accepted. Subject to the validation of a nonconformity or a hidden defect by Cupalors or the manufacturer as the case may be, the Customer benefits from the following guarantees:

Cupalors, headquartered at 41 rue Louis Delos, Lille, France, acts as guarantor within the meaning of Articles L 217-5 et seq. of the Consumer Code and 1641 et seq. Of the French Civil Code.

As such the Customer:

– has a period of two (2) years from the date of issue of the Product to act in the absence of conformity of the Product,
– is exempted from showing proof of the lack of conformity of the good during the six (6) months following the delivery of the Product,
– may choose between the repair or replacement of the Product, subject to the cost conditions provided by Article L217-9 of the Consumer Code;

The legal guarantee of conformity applies independently of the commercial guarantee described below.

In addition, the Customer may also implement the legal warranty for hidden defects of the object sold, within the meaning of articles 1641 and following of the Civil Code.

The legal guarantee of latent defects allows the Customer within two years from the discovery of the defect, the reimbursement of a Product that has proved unfit for its use. The warranty against hidden defects allows the Customer to be protected against hidden defects of the purchased Product and that prevent the use or affect to a point that the Customer would not have purchased. The Customer then has the choice between two options: keep the Product and ask for a price reduction, or return the Product and ask for the refund of the price paid, in accordance with article 1644 of the Civil Code.

In order to implement these warranties, the Product must be returned, in its original packaging, in its original condition, new, unused, unwashed, with the references of the Initial Order and copy of the claim to the registered office Cupalors, after sending an e-mail stating the reason for the return of the Product.

For all practical purposes, the following legal provisions are recalled:

Art. L217-4 of the Consumer Code: “The seller delivers goods that conform to the contract and responds to defects of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation that were expected of  it by the contract or was carried out under its responsibility. ”   

Art. L217-5 of the Consumer Code: “The property is in conformity with the contract:
1 ° If it is fit for the customary use of a similar property and, if applicable
(a)    if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model, and (b) if he has the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or his representative, particularly in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted. ”

Art. L217-7 of the Consumer Code: “Deficiencies that occur within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is fixed at six months. The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked. ”

Art. L217-8 of the Consumer Code: “The buyer has the right to demand the conformity of the goods to the contract. However, he cannot challenge compliance by invoking a defect he knew or could not have been unaware of when he contracted. The same is true when the defect has its origin in the materials they have provided themselves. ”

Art. L217-9 of the Consumer Code: “In case of lack of conformity, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate compared to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer. ”

Art. L217-10 of the Consumer Code: “If the repair and replacement of the property are impossible, the buyer can return the property and get the price or keep the property and get a part of the price. These same options are open to them: 1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint; 2 ° Or if this solution cannot be without major inconvenience for this one taking into account the nature of the good and the use that it seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. ”

Art. L217-11 of the Consumer Code: “The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages. ”

Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. ”

Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by the law. ”

Art. 1641 of the Civil Code: “The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish so much this use that the buyer would not have acquired it, or would have given a lower price, had he known them. ”

Art.1642 of the Civil Code: “The seller is not liable for obvious defects and which the buyer has been able to convince himself. ”

Art. 1643 of the Civil Code: “He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee. ”

Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice to return the thing and to be reimbursed the price, or to keep the thing and to be reimbursed part of the price. ”

Art. 1646 of the Civil Code: “If the seller was unaware of the defects of the thing, they will be held only to the return of the price, and to refund to the purchaser the costs incurred by the sale. ”

Art. 1648 of the Civil Code: “The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. (…) »

12. Force Majeure
No Party may be held responsible for the total or partial non-performance of its obligations, if such non-performance is due to the fortuitous event or the occurrence of an element constituting force majeure as defined by the jurisprudence of the Court of Cassation in France. The parties agree that they shall consult each other as soon as possible in order to jointly determine the execution of the order during the period of force majeure. If the case of force majeure has a duration of more than one month, Cupalors will not execute the order, provided that Cupalors will reimburse the Customer for any sums paid by him in respect of the order concerned.

13. Partial Invalidity
If one or more stipulations of the present GTC are considered as invalid or declared as such by law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their reach.

14. Non-Waiver
No tolerance, inaction or inertia of Cupalors shall be construed as a waiver of its rights under the GTC.

15. Computer and Freedoms
During visits to www.cupalors.com, Cupalors may ask its Customers for information through questionnaires, forms, and in particular when creating a Customer account. The information collected by Cupalors during a customer order is necessary for the management of the transaction and, for this purpose, may be communicated in whole or in part to Cupalors providers involved in the execution of the order. This information may also be used for commercial prospecting, marketing studies and statistics in order to provide the customers with the most adapted offers, quality monitoring of its services and commercial prospection.

Cupalors may send its commercial offers to Customers by email and / or SMS. The customer is informed that this same personal data may also be collected by an organization in charge of the analysis of orders and the fight against credit card fraud.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, known as “Informatique et Libertés”, the customer has at any time a right of access, rectification, modification and deletion of personal data concerning them that they may exercise in writing with Cupalors and this, without prejudice to the right they otherwise have to oppose the aforementioned conditions to the use of their personal data for purposes of commercial solicitations by Cupalors alone or in partnership with other companies.

16. Miscellaneous
16.1. Evidence
By express agreement between Cupalors and the Client, e-mails will be valid between the parties as well as the automatic registration systems used on the www.cupalors.com website, in particular as to the nature and date of the order.
16.2. Partial invalidity If one or more stipulations of the present General Conditions of Sale are considered as invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the others stipulations will retain all their strength and reach.
16.3. No waiver
The fact that one of the parties has not demanded the application of any clause of the present General Terms and Conditions of Sale, whether permanently or temporarily, can in no way be considered as a waiver of that Party arising from that clause.

 
17. Governing Law and Jurisdiction
These General Conditions of Sale are subject to French law. In the event of a dispute, exclusive jurisdiction shall be assigned to the competent French courts, notwithstanding the plurality of defendants and / or the guarantee claim even for emergency procedures or provisional proceedings in summary proceedings or by motion.

Legal information

It is reminded that the secrecy of correspondence is not guaranteed on the Internet and that it is up to each user of the Internet to take all the appropriate measures in order to protect their own data and / or software from the contamination of the Internet and possible viruses circulating on the Internet.

1. Publisher
 
Cupalors, a private limited liability company under sole ownership, with a capital of € 5,000, registered with the Lille Métropole Trade and Companies Register under number 840362354, whose head office is located at 41 rue Louis Delos – 59800 Lille, France.

The director of the publication is Kirsty Morgan legal representative of Cupalors.

Contact: contact@cupalors.com

2. Host
OVH

3. Design and execution of the Website
SAS TWP Communication (Lyon)