The order of products presented in the electronic catalogue of Cellys is subordinated to the acceptance by the customer of the entirety of the general conditions of sale exposed hereafter.
The company Cellys is registered in the trade register under the number RCS 808 128 144 (SIREN).
Its postal address is 16 BIS Rue Paul Rocache 31100 TOULOUSE
His email address is firstname.lastname@example.org
Any order taken for a product appearing in the online shop of the site https://www.cellys.fr implies prior consultation and acceptance of these general conditions of sale.
The click to validate the order implies full acceptance of these terms and conditions. This click has the value of a "digital signature".
The present general conditions have for object to define the rights and obligations of the parties within the framework of the on-line sale of goods proposed by Cellys to the consumer.
Confirmation of order
The contractual information will be subject to confirmation by e-mail to the address provided by the consumer in the order form.
Proof of transaction
The computerized registers, kept in the computer systems of the company Cellys in reasonable conditions of security are considered as the proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable support which can be produced as proof.
Every effort has been made to ensure the accuracy of the information presented on https://www.cellys.fr. However, Cellys or its suppliers are not liable for any consequences, incidents, special damages resulting from electronic transmissions or the accuracy of the information transmitted even if Cellys has been made aware of the possibility of such damages. Product and manufacturer names and trademarks are used for identification purposes only. Product photos, descriptions and prices are not binding.
Terms of delivery
The products are delivered to the address indicated by the consumer on the order form and only in the geographical areas we serve, namely all of Europe and the French overseas departments and territories.
All products leave our premises in perfect condition. The customer must inform the carrier (or the postman) of the slightest trace of shock (Holes, traces of crushing etc...) on the package, and if necessary to refuse the package. A new identical product will then be sent back to you free of charge.
The exchange of any product declared, a posteriori, damaged during transport, without any reservation having been made at the reception of the parcel, will not be taken in charge.
As in any expedition, it is possible that there may be a delay or that the product gets lost. In such a case, we will contact the carrier to start an investigation. All efforts are made, as long as necessary, to find this package. If necessary, the merchant will be reimbursed by the carrier and will deliver a new identical package at his expense.
We disclaim any responsibility for the extension of delivery times due to the carrier, especially in case of loss of products, bad weather or strike.
Delivery problem due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken products ...) must be imperatively indicated on the delivery order in the form of "handwritten reserves", accompanied by the customer's signature.
At the same time, the consumer must confirm this anomaly by sending the carrier within two (2) working days following the delivery date a registered letter with acknowledgement of receipt setting out the said claims.
The consumer must send a copy of this letter to 16 BIS Rue Paul Rocache 31100 TOULOUSE. Without this report, we will not proceed to any exchange.
The consumer will have to formulate near Cellys, the very same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and³ of nonconformity of the products in kind or in quality compared to the indications appearing on the purchase order.
Beyond this deadline, any complaint will be rejected. The formulation of this complaint to Cellys can be made at 16 BIS Rue Paul Rocache 31100 TOULOUSE.
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release Cellys of any responsibility towards the consumer.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to Cellys as a whole and in its original packaging in impeccable condition to 16 BIS Rue Paul Rocache 31100 TOULOUSE.
To be accepted, any return must be reported and have the prior agreement of Cellys, which in case of agreement will reship the package to the right address.
The shipping costs are the responsibility of Cellys, except in the case where it would turn out that the product does not correspond to the declaration of origin made by the consumer in the good direction of return.
The provisions hereof may not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects of the thing sold.
The consumer is expressly informed that de Cellys is not the manufacturer of the products presented on https://www.cellys.fr and that de Cellys is released from any responsibility because of the defective products.
Consequently, in the event of damage caused to a person or a good by defect of the product, only the responsibility of the manufacturer of this one will be able to be sought by the consumer, on the basis of information appearing on the packing of the aforementioned product.
Certain products benefit from a guarantee of up to one year (1 year). Are excluded from this guarantee, all products modified or repaired by the customer or by any other entity than the providers chosen by Cellys.
The warranty can be extended according to the terms and conditions provided in store and on the site in the workshop section.
Right of withdrawal
The right of withdrawal applies only to natural persons.
In accordance with articles L. 120-20, the consumer has a period of fourteen (14) calendar days to return, at his expense, products that do not suit him. This period starts from the day of receipt of the consumer's order. Any return will be able to be announced as a preliminary with the customer service of Cellys. The product must be returned to 16 BIS Rue Paul Rocache 31100 TOULOUSE.
Sensitive products (such as DVDs, CDs, Software) must not have been unsealed, so that the consumer can benefit from the right of withdrawal.
Only products returned as a whole, in their original packaging complete and intact, and in perfect condition for resale will be taken back. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded, returned or exchanged. This right of retraction is exercised without penalty, except for shipping and return costs. In the event of the exercise of the right of withdrawal, the consumer has the choice to request either a refund of the sums paid or an exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer.
In case of exercise of the right of withdrawal, Cellys will make every effort to reimburse the consumer within fourteen (14) days.
Rights of use
The use of the brands present on the site is strictly forbidden.
Neither of the parties will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous case of force majeure. Will be considered as a case of force majeure any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware of them.
The two parties shall then, within three months, unless impossible due to force majeure, meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than one month, these general conditions may be terminated by the injured party.
The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Partial non validation
If one or several stipulations of the present general conditions are considered as not validated or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and scope.
The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations under these general conditions of sale can not be interpreted for the future as a claim to the obligation in question.
The present general conditions are subject to French law. The same is true for the rules of substance as for the rules of form.
In case of dispute or complaint, the consumer will address in priority to Cellys to obtain an amicable solution.
Protection of personal data
All the data that you entrust to us is for the purpose of processing your orders.
In accordance with the law no. 78-17 of January 6, 1978 relating to data processing, data files and liberties, you have the right to rectify, consult, modify and delete data that you have communicated to us. This right can also be exercised online.
Any order placed through https://www.cellys.fr carries the customer's adhesion, without any restriction, to the general conditions of sale of Cellys.
In the event of sale to a legal entity, any dispute relating to the sale (price, CGV, products, ...) will be subject to French law before the Commercial Court of TOULOUSE.
End of the General Conditions of Sale.
Version 1.1 - 31/07/2015