GENERAL TERMS AND CONDITIONS OF SALE

Between

The company domiciled at CL & CL, 17 rue Jean-Jacques Rousseau, 94200 IVRY SUR SEINE, with a share capital of 50,000€, registered at the trade and company register in Créteil, France, with the business identification number (SIRET): 790747034 (000 11) hereby represented by M. Christophe Luijer, acting as the CEO, as duly authorized.

(The company can be emailed by clicking on the contact form on the website homepage), Hereinafter designated as “the seller” or “the company”, party of the first part,

And

The individual or corporate body purchasing products or services from the company, hereinafter designated as “the customer “, or “the buyer”, party of the second part.

The following has been agreed:

 

PREAMBLE:

The seller is editing products as well as the following services: sale, renting and loan of sugarcane juice extractor and sugarcane juice bottles, with the brand SO’KANAA ®, only intended for private individuals. Those products are commercialized on the website (http://www.sokanaa.com).

The list and description of goods and services suggested by the company can be read on the website which address is mentioned above.

 

Article 1: Object

These general terms and conditions define the rights and obligations of the parties within the framework of the online sale of the goods suggested by the seller.

 

Article 2: General provisions 

These general terms and conditions apply to all the sales of products completed via the company website, as integral part of the contract between the customer and the seller.

The vendor reserves the right to modify the present terms, at any time, by publishing a new version on his website. The applicable conditions will then be those in effect at the moment of the payment of the order (or at the moment of the first payment in case of payment by installments). These conditions can be found on the company website at the following address: http://www.sokanaa.com/en/cgv

The company makes also sure that the acceptance of the conditions is clear and without any reservation by adding a checkbox and a click to validate.

The client declares he is fully aware of all the general terms and conditions, and when necessary, the special conditions of sale linked to a product or a service. He also declares he accepts them without limitation or qualification. The client acknowledges he has received useful guidance and necessary details, in order to make sure that the supply matches to his needs. He declares he is legally able to bind himself/herself by a contract, in accordance with applicable French laws, or he validly represents the individual or corporate body he acts on behalf of.  Unless proved otherwise, the information recorded by the company constitutes proof of all the transactions.

 

Article 3: Prices

The prices of the products sold on the website are indicated in Euros, excluding taxes; you’ll find them on every product detailed page. Besides, they are indicated in Euros including all taxes (VAT + any other taxes) on the products order page, and excluding shipping charges. For any product shipped to non-UE countries and/or to overseas French territories or departments, the price is calculated exclusive of tax on the invoice. On some cases, custom duties, local taxes, import duties or state fees are likely to be due. These rights and fees are not the responsibility of the seller. They will be at the expense of the buyer and are his responsibility (statements, payment to competent authorities…). For this reason, the seller asks the buyer to find out about this matter with their relevant local authorities.

The company reserves the right to modify its prices at any time in the future. Communication charges required for the internet access to the company website are at the client’s expenses, as well as the shipping costs, when appropriate.

 

Article 4: Conclusion of the online contract

The customer will have to follow a series of specific steps each time he chooses a product suggested by the seller in order to confirm his order. Yet, the steps described below are automatic:

➢ The customer reads information on the main characteristics of the product;

➢ He selects the product, where required selects its options and mentions his main information (identification, address…);

➢ He accepts these General terms and conditions;

➢ He checks the order’s elements and, where required, corrects mistakes;

➢ He follows payment instructions;

➢ He fills in the shipping form. He will then receive by email an acknowledgement confirming the payment as well as the order. He will also receive a PDF copy of these general terms and conditions.

Concerning the delivered products, they will be delivered at the address indicated by the customer. In order to ensure a proper order, and in accordance with the article 1316-1 of the French Civil Code, the customer agrees to provide truthful information concerning his identification. The seller reserves the right to reject an order, if for instance the request seems unusual, dishonest or for any legitimate reason.

 

Article 5 : Products and services

The main characteristics of goods, services and their own price are at the disposal of the customer on the company website. He confirms having received the details about the shipping costs, the payment terms, the shipping itself and the contract execution. The seller is committed to fulfill the customer’s order only within the limit of available stocks. Failing that, the seller will inform the customer. This contractual information is provided in detail, in both French and English. In accordance with the French law, this information will be subject to a recap and a confirmation when validating the order.

The parties agree that the products pictures or photos are for illustrations purposes only.  The period for which the products offer remains valid is specified on the company website, as well as the prices and the minimum duration of the suggested contracts when they concern the either uninterrupted or irregular provision of products or services.

If no other specification, these rights are only granted to the natural person who is signatory to the order (or the holder of the email account given). In accordance with the legal and regulatory provisions regarding compliance and hidden defects, the seller exchanges defective products or products not fitting the order.

 

Article 6 : Retention of title clause

 The products remain the exclusive property of the seller until the time of full payment.

 

Article 7 : Delivery terms

Products are delivered to the shipping address given at the time of the order, and within the agreed deadline.  This time limit does not take into account the time of preparation of the order. If the delivery requires an appointment with the customer, the SO’KANAA® hotline number is just a phone call away: 0033 6 32 74 35 66, and allows the confirmation of the order. In that case, the delivery will only be made on full payment, either by cheque, cash or direct payment on the website.

If the customer orders several products, they will be sent according to the usual procedures, but may not all be sent at the same time.

In the event of a delay in shipment, CL & CL COMPANY cannot be held responsible. In the event of a delayed delivery, the customer can terminate the contract according to the terms and conditions described in the article L 138-2 of the French consumer code. In that case, the seller will process a refund of the product and of the one-way fees according to the article L 138-3 of the French consumer code. The seller provides a customer support phone number (charged as a local call from a French landline) which is indicated in the order confirmation email in order to ensure the order tracking. The seller reminds that when the customer physically receives the product, he then assumes the risks of loss or damage. It is up to him to inform the carrier about any comment on the delivered product.

 

Article 8: Availability and introduction

The orders will be processed within the limits of available stock, or subject to availability from our suppliers. In case of unavailability for a period longer than 50 working days, the customer will straightaway be informed of the possible delivery delays and he will be able to cancel his order on request. He can then ask for a credit (corresponding to the price paid for the product) or for refund.

 

Article 9 : Payment

Payment shall be due at the time of ordering, even if products are preordered.

The customer can either pay by credit card or cheque. The credit cards issued by banks not domiciled in France must be international ones, like MasterCard or Visa. The secure online payment is conducted by our payment service provider.

The received information is encrypted in accordance with professional standards and no third party has access to it.

As soon as the customer has processed his payment, the amount of the transaction is immediately debited, once the bank information has been checked.

According to the article L. 132-2 of the French monetary and financial Code, the customer payment is an absolute commitment. By conveying his bank information at the time of the payment, the customer allows the seller to charge the total amount of credit to his credit card. The customer confirms he is the cardholder and he is legally eligible to use it. If an error occurs or if the card cannot be debited, the sale will be terminated as of right, and the order will be canceled.

 

Article 10: Withdrawal period

According to the article L. 121-20 of the French consumer code, the consumer shall have a period of fourteen calendar days to withdraw from the contract with no justification required or penalties to pay, except where applicable, the cost of return. The timescale mentioned in the foregoing section shall begin to run following the receipt of goods or the acceptance of an offer for services.

The right of withdrawal may be exercised by calling the company (the hotline SO’KANAA® phone number is 0033 6 32 74 35 66), and this phone call will take into account the withdrawal. The company gives notice to the customer that, according to the article L. 121-20-2 of the French consumer code, the right of withdrawal can no longer be exercised, once the legal deadline has been exceeded. In the event of exercise of this right of withdrawal within the aforementioned period, only the price of the product(s) and the shipping charges will be paid off, but the return shipping charges remain chargeable to the buyer.

The products must be returned in perfect condition for resale in their original state (packaging, accessories, instructions …) duly sealed, and accompanied by a copy of the invoice for optimal management. In accordance with statutory regulations, you’ll find below the standard withdrawal form to be sent to:

CL & CL COMPANY

17, rue Jean Jacques Rousseau

94200 IVRY SUR SEINE

France

Refund procedure: upon receipt of the product, and provided that it is in perfect condition, the customer will receive a cheque.

 

Article 11 : Guarantees

In accordance with the law, the seller guarantees the conformity of the products and is also bound by the warranty against hidden defects. The seller will refund the customer in case of defective products or in case of products not matching the order.

The refund claim has to be done this way: the products must be returned in perfect condition for resale in their original state (packaging, accessories, instructions …) duly sealed, and accompanied by a copy of the invoice for optimal management.  In accordance with statutory regulations, the seller reminds the customer that:

– He has a period of one year from the delivery to make a claim against the seller.

– He can choose between being provided with replacement units and replacing the product completely (excluding transport costs). Only the apparently defective spare parts will be guaranteed.

– He has to provide evidence if a product lacks conformity.

 

Article 12: Complaints

Where necessary, the buyer can submit a claim by contacting the company at this address:

CL & CL COMPANY

17, rue Jean Jacques Rousseau

94200 IVRY SUR SEINE

France

 

Article 13: intellectual property rights 

Brands, domain names, products, software, pictures, videos, texts or more generally any information covered by intellectual property rights remain the exclusive property of the seller.

There isn’t and won‘t be any assignment of intellectual property rights through these General Sales Conditions. Any total or partial reproduction, alteration or use of these elements for any reason is strictly forbidden.

 

Article 14: Force majeure

 The execution of the seller obligations, in theses terms and conditions, will be suspended in case of unforeseeable circumstances or force majeure. The seller will let the customer know as soon as possible if such events should occur.

 

Article 15: Alteration and nullity of the contract

In the event of any clause of the Contract being declared void, this would have no effect whatsoever on the validity of the present general sales terms and conditions. Any modification of the contract must be set out in a written amendment to the original contract, signed by both parties.

 

 Article 16 : Protection of personal data 

According to the data protection act of January 6th 1978, you have the right to acquire, modify, rectify or cancel information about your personal data. By accepting these general terms of sale, you signify your consent to our collection, use and disclosure of your personal information to carry out this contract. By entering your email address on one of our websites, you will receive emails containing information and special offers only concerning products by CL & CL COMPANY. You can unsubscribe from these offers at any time by clicking on the relevant link located at the bottom of the emails or by sending to the data controller a registered letter with delivery confirmation.

We monitor our website traffic. To do so, we have turned to tools like Google Analytics.

 

Article 17: Disclaimer of Liability 

There is a disclaimer of liability made available by the seller for 1 euro.


Article 18 : Applicable law

All the clauses appearing in the present general conditions of sale, as well as all the operations of purchase and sale, are subject to the French right.