Terms Of Use

1 – DEFINITIONS

“Customer”: a legal or natural person, at least 18 years of age, registered on the Service and purchasing products online. “Order”: any purchase of Product (s) made from Service by a Customer.

“Customer Account”: account created by a Customer from the Service and allowing him to access his identification data, to follow his Orders and to consult the history of his payments.

“Company”: STEPHANE CASTRY PROD 40 Rue du Bichot – 77240 Vert Saint Denis – France, Sole Proprietorship registered under the number SIRET 50801413100017.

“Products”: physical “merchandising” products (such as clothing, goodies, etc.) as well as any CD or DVD type physical recording media and / or any other type of product that the Company may commercialize on the Service .

“Customer Service”: service made available to the Customer by the Company from Monday to Friday from 9h to 19h and allowing processing, via the Contact section of the Service, or by mail to the following address: 40 Rue du Bichot – 77240 Vert Saint Denis, of any possible claims of Customers.

 

 

2 – APPLICATION OF THE TERMS OF USE

The present general conditions of sale apply by right to any sale of products and articles concluded on this Stephanecastry.com Website, exclusive property of STEPHANE CASTRY PROD.

Each of these transactions is deemed to have been formed at the initiative of the buyer. Any order entails full and unreserved acceptance of these general conditions of sale.

These Terms and Conditions define the rights and obligations of the parties in connection with the sale of products and services hereinafter named {products} by STEPHANE CASTRY PROD to the customer.

They are an essential element, without which STEPHANE CASTRY PROD would not have contracted. Their full subscription is required. Any condition contrary to these presents by the customer will be unenforceable against STEPHANE CASTRY PROD, regardless of when it may have been brought to its attention. STEPHANE CASTRY PROD intends to maintain its Terms and Conditions as long as possible, however it reserves the right to proceed at any time and without notice to modifications.

The customer declares that he is legally able to take out contracts for the goods and services offered by STEPHANE CASTRY PROD and that he has read and accepted the rights and obligations relating to these Terms and Conditions.

 

 

3 – DESCRIPTION OF PRODUCTS

The information mentioned on each product sheet, as well as the photos, videos and animations are given as an indication. If errors are included, the responsibility of STEPHANE CASTRY PROD can not be engaged. STEPHANE CASTRY PROD undertakes to make its best efforts to correct any errors or omissions that are reported to it as quickly as possible.

 

 

4 – PRICE

The prices of the products are indicated in euros or in the currency chosen by the customer all taxes included, excluding eco-participation and excluding participation in preparation and shipping costs. STEPHANE CASTRY PROD reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the rates in force at the time of the confirmation of the orders.

 

4.1 Sales – Promotions – Promotional Codes

All promotions and sales offered by STEPHANE CASTRY PROD are valid during the legal period in force and on the posted articles only.

Promotional codes and vouchers are applicable on the amount excluding taxes of the order or one of the products of the order, excluding shipping costs, and are not cumulative. They can not be exchanged for their monetary value. They are personal and non-transferable and can only be used once by the customer during the validation of his order. The date of validity of each purchase order and the terms of use are specified on the document given to the customer (voucher sent by email or paper).

In order to benefit from the reduction linked to a promotional code, the customer must imperatively register it in the box reserved for this purpose during the order. In case of forgetfulness, STEPHANE CASTRY PROD will not be able to cancel the order nor to renew it to take account of the promotion.

Any fraudulent use, or contrary to the spirit of the promotion, of a promotional code will void the said code.

 

 

5 – ORDERS

STEPHANE CASTRY PROD will do its utmost to process all orders but reserves the right to refuse those of a customer with whom there is a dispute.

Orders are deemed to have been formed at the customer’s initiative. In case of order to a country other than metropolitan France, the customer is deemed importer of the products concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of STEPHANE CASTRY PROD. They will be the responsibility of the customer and are under his full responsibility, both in terms of declaration and payment to the authorities and / or competent bodies of the customer’s country. The provisions of the General Tax Code relating to VAT in particular will apply.

 

5.1 Order recorded on the online store

The customer can register his own order on the online shop of STEPHANE CASTRY PROD, after opening an account and specifying the desired delivery address. By clicking on the {Validate Order} button (or on the associated symbol) the customer confirms the addition to his order of the product, then by ticking the option {I accept the general conditions of sale} of the order summary, Only able to activate the button {Commander}, the customer declares to have read and accept fully and without reservation all of these Terms. Finally by clicking on the button “Order” of the order summary the customer confirms his order.

 

 

6 – AVAILABILITY OF PRODUCTS

The indications of availability visible in the online store of STEPHANE CASTRY PROD are given for information only and can not be opposed to STEPHANE CASTRY PROD. Despite all the care provided by STEPHANE CASTRY PROD to supply its stocks, an item may become unavailable between order taking and delivery. In this case, the customer who is informed by email as soon as possible, can choose between the replacement of the product unavailable by another product in the catalog of STEPHANE CASTRY PROD or the cancellation of his order under the conditions provided herein.

 

 

7 – TIME LIMITS

The delivery times indicated by STEPHANE CASTRY PROD vary according to the destination and do not include weekends as well as holidays. These are average times calculated according to the availability of the products which, in the event of need of replenishment, induces the taking into account of the date of receipt of the products communicated by the supplier. In case of exceeding the delivery time the customer may decide to cancel his order under the conditions provided herein.

 

 

8 – DELIVERY

Products are shipped from Monday to Friday inclusive, excluding weekends and holidays, to the delivery address indicated by the customer. STEPHANE CASTRY PROD delivers throughout metropolitan France (including Monaco and Corsica) as well as Dom Tom and Overseas territories. A delivery note summarizing the products actually present in the package (s) is systematically attached to the products. It is also available in the {My Account} area of ​​the STEPHANE CASTRY PROD online store. The customer is informed of the delivery of his order by email where are summarized the name of the carrier and the number of the package and a link to its Internet traceability system.

 

8.1 Delivery by La Poste

Distribution of the package in mailbox to the address indicated by the customer within a period generally between two (2) and five (5) working days for an address located in metropolitan France. The registration of the distribution information by La Poste’s information system constitutes proof of this. In case of impossibility of distribution in mailbox, La Poste reserves the possibility of making several attempts of distribution to the address indicated by the customer. It may take the initiative of handing over to anyone present at this address, including the caretaker or concierge who agrees to take delivery. In case of impossibility of distribution, the parcel is placed in the place indicated on the notice of passage. The customer has about ten (10) days to withdraw his parcel. After this period, the package is automatically returned to STEPHANE CASTRY PROD, which reserves the right to charge the customer the amount of shipping costs for a new delivery.

 

8.2 Delivery by the carrier

Distribution of the parcel against signature within one (1) to three (3) working days. Packages are delivered to anyone present at the designated address without STEPHANE CASTRY PROD being able to check that the identity of the person present matches the name of the recipient designated by the customer in his order. In case of impossibility of distribution due to the absence to the delivery address indicated by the customer of a person able to sign the delivery receipt, the packages are automatically returned to STEPHANE CASTRY PROD under the conditions provided by the carrier. In this case, STEPHANE CASTRY PROD reserves the right to charge the customer the amount of transport costs for a new delivery. The delivery is deemed made from the provision of the product to the customer by the delivery person, materialized by the control system of the carrier.

 

8.3 Shipping and management fees

The participation in preparation and shipping costs includes all taxes and, for Metropolitan France, amounts to 6.50 euros including tax. A surcharge will be requested for shipments to Corsica, Monaco, Dom Tom and Overseas Territories. Transport fares outside Metropolitan France are displayed at the time of the validation of the order according to the selected country of delivery.

8.4 Transfer of risks and ownership

The risk transfer occurs upon delivery of the goods, however the products remain the property of STEPHANE CASTRY PROD until full payment of the price and miscellaneous expenses associated with the processing of the order. The reception of the transported objects extinguishes any action against the valet for damage or partial loss if within three days, not including holidays, which follows that of this reception, the addressee did not notify the valet by extrajudicial act or by letter recommended his reasoned protest. STEPHANE CASTRY PROD will in no way be held responsible for damages during transport if the customer routes the goods by his own means.

 

8.5 Lost parcels

If five (5) working days after the dispatch of the package the customer has no news of his order, he must contact STEPHANE CASTRY PROD who will open an investigation with the carrier. If the package is definitively declared lost (definitive answer generally within three (3) weeks) STEPHANE CASTRY PROD notifies the customer and immediately commits the redelivery of the order.

 

8.6 Non-compliance

If the delivered products do not conform in kind or in quality (broken, missing, …) as to the specifications indicated in the delivery order, the customer, to obtain the change of the products within thirty thirty days counting to count of the reception, will have to formalize its request within 7 days after the delivery.

 

 

9 – PAYMENT

The currency of payment is mainly the Euro. The full payment is due upon order. Payment is made by credit card, bank transfer or any other condition and method of payment explicitly accepted by stephanecastry.com on the order confirmation.

 

9.1 Payment by credit card

In case of payment by card, the customer’s bank account will be debited after the order confirmation sent by stephanecastry.com. Only Blue, Visa, Eurocard and MasterCard are accepted by stephanecastry.com. The customer guarantees that he / she is fully authorized to use the credit card and that this credit card gives access to sufficient funds to cover all the costs resulting from the order. To secure Internet payments STEPHANE CASTRY PROD uses the SSL (Secure Socket Layer) encryption process and payment gateways known for their high level of reliability and security.

 

9.2 Fight against credit card fraud

STEPHANE CASTRY PROD reserves the right to verify the personal data provided by the customer and to adopt all measures deemed necessary for verification that the person whose bank account is debited is the one who placed the order, this in order to avoid fraudulent payment. This verification may take the form of a request for proof of identity and / or domicile and / or bank documents (RIB or canceled check). Failure of the customer to respond to a request of this type within five (5) days of the request made by STEPHANE CASTRY PROD will automatically result in the cancellation of the order concerned, without any possibility of subsequent claim. STEPHANE CASTRY PROD will also have the freedom to proceed with the direct cancellation of an order that presents one or more risk factors for the fraudulent use of credit cards.

 

9.3 Payment by any other means

In case of payment by bank transfer or any other means authorized by STEPHANE CASTRY PROD, the delivery times only start from the date of actual receipt of payment or, if applicable, the deposit, by STEPHANE CASTRY PROD.

 

 

10 – INVOICING

Invoices are regularly issued by STEPHANE CASTRY PROD on the basis of deliveries made. The customer can download the electronic version (Adobe Acrobat) of his invoice in the {My Account} area of ​​the online store. In the event of dispute of invoice before or after delivery of the corresponding order, STEPHANE CASTRY PROD reserves the right to suspend the customer account until regularization of the contentious situation and to suspend the preparation of any pending orders, even if the latter were not the subject of any dispute as such.

 

 

11 – WARRANTY

STEPHANE CASTRY PROD guarantees that the products it sells are in working order and have no defects or hidden defects that make them unsafe or unsuitable for their normal use. Any guarantee is excluded in the event of defects and deteriorations resulting from external events, negligence, bad maintenance, accidents, wear, use not in conformity with the label or the note. To benefit from this guarantee, the customer will immediately inform STEPHANE CASTRY PROD, by any written or oral means, of the alleged disorders. This warranty is limited to the repair or exchange of defective products or parts, to the cost of returning the goods to the customer with the exception of any other costs or allowances of any kind. STEPHANE CASTRY PROD shall not be liable for any immaterial damages such as loss of production, operating loss, loss of opportunity, loss of data, financial or commercial loss or any other direct or indirect consequence of damages suffered as a result of the use or failure of the delivered products.

 

 

12 – RETRACTION – RETURN – CANCELLATION – REIMBURSEMENT

Except for products sold in the context of destocking operations that are not taken back or exchanged, all products sold benefit from the “satisfied or refunded” clause for fourteen (14) days from the date of delivery in accordance with the provisions of the Consumer Code, article L 121-20.

 

12.1 Right of withdrawal

In the event that the consumer has exercised his right of withdrawal within the period of 14 days from the date of delivery and in the event that the products have been used or degraded, STEPHANE CASTRY PROD reserves the right to claim damages for damages suffered as a result of this use or degradation.

In the event of withdrawal of an order due to non-compliance with delivery deadlines, if the products are being completed, STEPHANE CASTRY PROD reserves the right to charge the other party the transport costs.

 

12.2 Refund or Exchange

The buyer exercising the right of return conferred by the Consumer Code and specified above is free to opt either for the exchange of the item (s) returned (s) or for refund.

If the buyer opts for the refund of his order, his request is taken into account only after receipt by the seller of (s) product (s) returned (s). In all cases, only the price of the returned products will be refunded. The refund will be made by credit of the method of payment chosen by the customer at the time of payment. The refund period by the seller can not exceed 15 days from the return receipt of the product (s) in the establishments of the seller.

If the buyer opts for the exchange of the item (s) of his order, he must return the product (s) unwanted. His request is taken into account only after receipt by the seller of the product (s) returned (s). The customer must explicitly specify the desired item (s) in exchange and the size. If the amount of the new order is higher, the customer will have to pay the additional costs. If the amount of the exchanged order is lower, STEPHANE CASTRY PROD will make the refund by credit of the method of payment chosen by the customer at the time of payment, in less than 15 days. The period of return of the new (new) article (s) by the seller, can not exceed 15 days from the day of receipt of the parcel. The seller bears the costs of the second shipment.

The products must imperatively be returned in a perfect state of resale, properly protected in their original packaging, accompanied by any accessories, instructions and documentation. As of receipt of the products STEPHANE CASTRY PROD has a period of thirty (30) days to control them, validate the procedure, exchange the product for the identical, offer a product of the same value or accept the refund.

It is up to the customer to approach his bank to check, confirm and validate the refund, STEPHANE CASTRY PROD having no power over the events that occur after the payment order has been passed to his own bank.

 

 

13 – AUDIO OR VIDEO RECORDINGS OR COMPUTER SOFTWARE

In application of the provisions of Article L.121-20-2 of the Consumer Code, some products may not be the subject of the right of withdrawal and in particular “audio or video recordings or computer software”.

 

 

14 – RESERVATION OF PROPERTY

In application of the law 335-80 of May 12, 1980, STEPHANE CASTRY PROD retains the ownership of the sold products until the effective payment of the full price in principal and accessory. In the absence of full payment of the price of the products STEPHANE CASTRY PROD may, at any time, take back the products. STEPHANE CASTRY PROD may also take back the unpaid products in the hands of the sub-purchasers or demand the direct payment from them. For the purposes of this clause, payment of a security creating a simple obligation to pay (cash or other) is not a payment. This retention of title clause does not preclude the delivery of the products to the transfer of risk to the customer, in accordance with Article {Delivery} above, the customer agrees to provide all his care to the custody and the conservation of the products and to subscribe all useful insurance.

 

 

15 – PROOF

Only the data recorded by STEPHANE CASTRY PROD and the carriers to which STEPHANE CASTRY PROD has entrusted the products for delivery to the customer constitute proof of all transactions between STEPHANE CASTRY PROD and its customers. STEPHANE CASTRY PROD systematically confirms orders placed on the basis of these data.

 

 

16 – LIMITATION OF LIABILITY

By express agreement between the parties, STEPHANE CASTRY PROD is subject of the present title to an obligation of means. The photographs and texts reproduced and illustrating the products presented by STEPHANE CASTRY PROD in its catalogs and commercial proposals are not contractual. Consequently, the responsibility of STEPHANE CASTRY PROD can not be engaged in case of error in one of these photographs or one of these texts. The responsibility of STEPHANE CASTRY PROD can not be blamed for simple errors or omissions that may have persisted despite all the precautions taken in the presentation of the products. STEPHANE CASTRY PROD can not be held liable for damages of any kind, whether tangible or intangible, which could result from a malfunction or misuse of the products marketed. The same is true for any modifications of the products resulting from the manufacturers. STEPHANE CASTRY PROD can not be held responsible, towards a customer or a third party, of any indirect damage, of any loss of exploitation, profit or turnover, occurred in any way whatsoever even if such damage or loss or damage was foreseeable by STEPHANE CASTRY PROD or if its eventuality had been brought to its attention.

 

 

17 – DIVISIBILITY OF CLAUSES

In the event that any of the terms hereof would be considered illegal or unenforceable by a court decision the other provisions will remain in force. Thus, the nullity, the nullity, the absence of binding force or the unenforceability of any of the stipulations of the present ones do not carry away the nullity, the nullity, the absence of binding force or the unenforceability of the other stipulations which will retain all their effects. However, the parties may by mutual agreement, agree to replace the stipulation (s) invalidated. In any case, no derogation from the present can be admitted without the express and prior agreement of STEPHANE CASTRY PROD.

 

 

18 – TITLES

The headings of the articles contained herein are for convenience of reference only. They can not be used to interpret, limit or modify these.

N.B: These conditions are subject to change at any time without notice.