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Terms and conditions
RECITALS
The present terms and conditions are concluded exclusively between the company CORNILLEAU SAS, a simplified joint stock company with a capital of 1,153,800 Euros, whose headquarters are located at La Folie - 60120 Bonneuil les Eaux, registered under the Beauvais Commercial and Companies Register number 526 920 194, hereafter referred to as “CORNILLEAU” or “the Company” and any person visiting or making a purchase via the website www.cornilleau-services.com, hereafter referred to as “the Internet user” or “the Customer”.
The parties agree that relations between them will be exclusively governed by these general terms of sale, which are accessible on the website www.cornilleau-services.com
These terms may be subject to change. From that time, it is understood that the terms applied are those in force on the website on the signing of the contract.
Finally, the current general terms of sale define the sales methods between CORNILLEAU and the Internet user. They regulate the different stages to be followed so as to place an order on the website. The date the General Terms of Sale are put online equates to when it comes into effect.
The current General Terms of Sale, as well as the recitals, which are an integral part of it, apply to all the sales of products and services provided by our Company. As a result, the placing of an order by the Customer has the edge on the unreserved adherence of the latter to the present, which prevails over any other document issued by the Customer, and notably the general terms of purchase.
ARTICLE 1 – CONTRACT
The Internet user declares that s/he is 18 or over and has the legal capacity to enter into a formal and legally binding agreement on our website www.cornilleau-services.com as well as respect the current general terms of sale, or has parental consent to place an order on the website www.cornilleau-services.com
The placing of an order via the Internet user is performed in several stages defined below:
-the Internet user fills in the identification form, on which s/he will list any contact details requested or provide his/her Customer number if applicable,
- the Internet user fills in the online order form by providing all the references for the chosen products or services,
- the Internet user selects his/her delivery method,
- the Internet user chooses his/her method of payment,
- the Internet user validates his/her order once they have checked it,
- the Internet user makes his/her request for payment and makes the payment,
- the Internet user then receives email confirmation of his/her order and its payment from CORNILLEAU, along with the related invoice.
Email confirmation of the order signifies CORNILLEAU’s acceptance of the order by the Internet user and thus forms the contract of sale between the parties.
The online supply of the banker’s card number and the final validation of the order by the Internet user serve as proof of the whole order. This validation is synonymous with the signing and acceptance of all operations made on the website by the Internet user.
In the event that an order exceeds €150, and in the context of anti-fraud control whose aim is to secure the transactions of its Customers, CORNILLEAU will have the right to request the Internet user to provide one or several pieces of proof about where they live and/or a copy of their identity card by email or fax prior to validation of their order. The order will only be definitive once CORNILLEAU receives these documents and email confirmation is sent. Failing receipt of these pieces of information or if these documents don’t provide sufficient evidence of the identity of the author of the order and the verity of the Customer’s address, CORNILLEAU reserves the right to decline the order.
CORNILLEAU also reserves the right to inspect and/or refuse an order if there is prior litigation in progress or if there is an usually high level of ordering involving the same Internet user.
In the absence of evidence to the contrary, computer records and those of CORNILLEAU’s service providers, that are kept in reasonable conditions of safety, will constitute proof of all the transactions made between CORNILLEAU and the Internet user.
The Company also archives the order forms and invoices on a reliable medium. In accordance with legislative measures, the Internet user will be able to have access to them by making a written request, by mail, to CORNILLEAU and attaching their order form and invoice.
CORNILLEAU recommends that the Internet user keep hold of the email confirming the order and payment. CORNILLEAU will also send the Customer a subsequent email confirming shipment of the order.
ARTICLE 2 – THE PRODUCTS
CORNILLEAU endeavours to describe and present the items sold on the website as accurately as possible. However, some of the products’ features may change slightly, notably where the aim is to improve quality or safety. Should errors occur despite this, CORNILLEAU cannot under any circumstances be deemed liable for this fact.
Similarly, the photos of the products distributed on www.cornilleau-services.com remain non-binding. CORNILLEAU cannot under any circumstances be deemed liable on the basis of the photos in question.
With regards the packing in particular, all our tables are packed using two different methods:
- individually: each table is packed unassembled in an individual, reinforced box.
- as an assembled unit: each table is assembled and packed on an individual pallet
Our spare parts and accessories are packed so that their protection is fully ensured during transit.
ARTICLE 3 - PRICING
All the prices displayed on the website are given in Euros exclusive of postage and packing and any charges applicable in metropolitan France. The VAT is applied at the rate in force when the order is placed. Any change in the rate will be applied to the order in progress immediately.
The prices of the products are exclusive of postage, the price of certain packaging and any prices of other optional services, which are subscribed to by the Internet user on the summary screen prior to the definitive order validation.
The dispatch amount is referred to on validation of the order by the Internet user and contains:
- the administrative processing of the order,
- the preparation and dispatch of the parcel(s),
- the transportation costs.
ARTICLE 4 – AVAILABILITY
Our product offers and prices are valid for as long as they are visible on the website. As such, the Internet user is invited to check availability of the items sold on the information page for each product.
As a result, under no circumstances does CORNILLEAU guarantee that it will keep products for sale over a given period. Any complaint by the Internet user with regards the order or delivery of an item that isn’t available, will be considered to be unfounded and CORNILLEAU may in no way be deemed liable.
In the event of a validated order, for which a product or item is no longer available within the time stated on the website, the whole order will only be processed and shipped once all the products from this order are available. CORNILLEAU will then inform the Internet user about this extension. The Internet user can nevertheless opt to give priority to the articles from his/her order, which are available.
However, if it transpires that this product is permanently unavailable, CORNILLEAU will inform the Internet user of this fact. The Internet user will then have to choose between:
- cancelling the entire order: CORNILLEAU will have to cancel the entire order and undertake to re-credit the account of the Internet user associated with the number of the banker’s card provided for the original payment.
- or receiving those products still available from the order: in this case the Internet user will only have to pay for those goods which are shipped, as well as the transportation costs linked to the shipment of these products and the amount of services selected. CORNILLEAU will have to partially cancel the order and undertakes to re-credit the account of the Internet user associated with the number of the banker’s card provided for the original payment.
In either case, in the event that the Customer’s account is blocked or impossible to re-credit in some way, a cheque will be sent to him/her by CORNILLEAU’s Customer service department.
ARTICLE 5 – DELIVERY
Products can be delivered throughout the European Community, with the exception of Italy and the United Kingdom. They will be shipped to the delivery address, which the Internet user details during his/her order.
In order to track the parcel, CORNILLEAU reserves the right to refuse delivery of orders by individuals at collective addresses such as barracks, army premises, hospitals, holiday clubs… this list is not exhaustive.
The delivery periods announced on the website apply the moment the Internet user receives email confirmation sent by CORNILLEAU, that the order has been dispatched. These delivery periods are approximate and cannot be guaranteed by the Company. In this way, the possible indication of a delivery date during shipment of the order does not come with any form of guarantee as to its compliance due to the organisation of the carrier’s rounds. It is detailed here that carriers do not deliver at weekends or public holidays. The following are not included in the carrier’s service: unloading, installation, assembly or delivery upstairs. Additional postal charges may be requested in the event of delivery to islands, mountain resorts and places which are difficult to access in general by lorry.
However, in the event of a delay of over 30 days, which is not justified by the unavailability of products, the Internet user may request the cancellation of the order to the exclusion of all damages.
The transfer of risks relating to loss and damage occur in transit to the Customer. In the event that delivery of all or part of the goods ordered, are unjustifiably refused, CORNILLEAU reserves the right to invoice for the shipping and any costs incurred.
In the event of any anomalies that occur during shipment (damaged, missing or spoiled packaging), it is down to the recipient to:
- make all the necessary protests upon delivery on the delivery receipt;
- confirm them to the carrier by recorded delivery with acknowledgement of receipt within three days of receipt of the said goods.
- report them to CORNILLEAU within this same timeframe, in accordance with the provisions listed in article 8.
The lack of any signed protests by the Customer on receipt of the goods puts an end to any claim.
The procedure and CORNILLEAU’s contact details are indicated on the website. Failure to comply with the protest or claim procedure means that no claim can be brought by the Customer, in relation to CORNILLEAU.
ARTICLE 6 – PAYMENT
The Internet user can pay for purchases by banker’s card with a credit card, Visa or Mastercard.
The Internet user’s bank account will be debited for the amount of products and services selected by him/her within 48 hours of payment, subject to the processing dates applied by the banking establishments. CORNILLEAU guarantees the security of the payment by banker’s card by using the MERCANET encryption system and calling upon the BNP PARIBAS Company to process the payments.
In the event that the Bank opposes or refuses to grant the payment, the order placed by the Internet user will be automatically cancelled and the Internet user will be notified of this fact by email.
ARTICLE 7 – RIGHT OF RETRACTION
In accordance with the legal measures in force, the Customer, if s/he is a natural non-professional person, has seven (7) days retraction, from delivery of his/her order, to return the product to CORNILLEAU for exchange or refund without penalty, with the exception of the costs incurred for returning the items.
If the Internet user wishes to exercise his/her right to retraction, all that’s required is to exploit this right by sending an email to CORNILLEAU via the contact space on the website, where s/he will be able to fill in a suitable form, taking care to indicate his/her order number. CORNILLEAU then informs the Customer of the procedure to follow in order to return the item(s).
CORNILLEAU will by all means refund the Internet user the cost of the product and the initial shipping costs within a maximum of 30 days from receipt of the parcel, provided the product is returned complete, in perfect condition and in its original packaging.
In the event of a partial return of the order, CORNILLEAU will refund the Customer the transportation costs that are proportional to the total order amount.
In the event of a full return of the order, CORNILLEAU will refund the Customer the total amount for the transportation costs paid during the order.
All the transportation costs for returning the product to CORNILLEAU, as well as all the associated costs and risks of this return are the Customer’s responsibility.
The Customer is responsible for the way the product is packaged and it must be done so that the product can survive transit without risk of breakage or deterioration. Generally, all the risks linked to the return of the product are the responsibility of the sender. Indeed the Customer is at liberty to choose how to return the order and whether or not to take out any insurance, particularly in the event of theft, loss or destruction of the parcel. CORNILLEAU will under no circumstances be liable for any flaw on receipt of the parcel sent by the Customer.
Solely those products, which are returned complete, in perfect condition and in their original packaging, will be accepted. Where this is not the case, the return will be deemed not to conform and will be processed as defined in article 10 of the current General Terms of Sale.
However, if a problem occurs with the Customer’s collection of the shipped order, notably an issue with the delivery address provided by the latter, leading to a return of the parcel to CORNILLEAU, CORNILLEAU will then get in touch with the Customer to check the return of the order. At that point:
- failing a response from the Customer within 15 days of them being chased up, CORNILLEAU will consider that the latter has exercised his/her right to retraction on this order;
- in the event of a positive response for the return within this 15-day period, CORNILLEAU reserves the right to invoice the transportation costs to the Customer for this repeat shipment.
ARTICLE 8 – RETURN
With the exception of the right of retraction referred to in article 7, the Internet user may be led to return the product for the following reasons only: article not satisfactory as it doesn’t conform with the order, item missing, faulty or damaged in transit.
It is imperative that the Internet user checks the parcel and the products inside the parcel on delivery and makes the necessary protests on the Delivery slip, in line with the procedure described in article 5. Failing this, no claim may be brought against CORNILLEAU by the Internet user.
The Internet user has three days from receipt of the parcel to inform CORNILLEAU of his/ her claim, by connecting to the order via the website’s contact space. CORNILLEAU then informs the Customer of the procedure to follow in order to return the item.
The Internet user will also have to attach to the parcel a duplicate of the documents relating to the faulty delivery (delivery slip, protests, order number) so as to enable the claim to be processed.
The Internet user is invited to contact CORNILLEAU’s Customer service department within the same three-day period. The Customer service department will then be able, if need be, to:
- cover the costs necessary for returning the product.
- assist the Internet user with exchanging the Product or placing a fresh order for a matching product and organise the shipping of the latter at the Company’s expense, provided the requested product is in stock.
If the ordered Product is no longer available on the return date, CORNILLEAU will refund the cost of the missing Product and the outward transportation costs on the basis of the total order.
If the return is not validated by CORNILLEAU, notably if the protests haven’t been stipulated on the Delivery slip and if the copy of the latter hasn’t been attached to the return delivery, this will be deemed to be a non-compliant return and processed as such.
The Customer is responsible for the way the product is packaged and it must be done so that the product can survive transit without risk of breakage or deterioration. Generally, all the risks linked to the return of the product are the responsibility of the sender. Indeed the Customer is at liberty to choose how to return the order and whether or not to take out any insurance, particularly in the event of theft, loss or destruction of the parcel. CORNILLEAU will under no circumstances be liable for any flaw on receipt of the parcel sent by the Customer.
Solely those products, which are returned complete, in perfect condition and in their original packaging will be accepted. Where this is not the case, the return will be deemed not to conform and will be handled as defined in article 10 of the current General Terms of Sale.
ARTICLE 9 – WARRANTIES
9.1 – Terms
Possible warranties linked to the products sold are clearly detailed on their listing or in their instructions. However, these warranties do not preclude the implied warranty of any hidden defects or conformity.
In this way, our spare parts and accessories solely benefit from implied warranties. Solely our tables are subject to a three-year contractual guarantee starting from the date the item is delivered to the Customer. On the resin panels equipping the outdoor tables, the contractual warranty period is extended to ten years in the event of distortion, delamination and deterioration of the colour.
The contractual warranty is restricted to the supply of parts recognised as faulty by our departments and do not apply to deterioration caused by:
- For the indoor and outdoor tables: normal wear on the parts, an assembly not in line with the instructions attached to each table, failure to respect the instructions for use and safety instructions placed under the tabletop and in the specifications, a lack of maintenance, use of aggressive products for maintenance, a wind causing the table to fall when in storage position, when training alone or the return to the playing position or, more generally, a cause not related to the quality of the table (impact, fall).
- For indoor tables only: the use of abrasive plastic balls, prolonged exposure to the sunshine, excessive humidity and rain.
Not included in the context of the warranty: the carriage cost for faulty parts, the possible call-out of a technician, the labour, the compensation in cash or in kind for the table being out of action during the warranty period.
Moreover, CORNILLEAU guarantees the availability of the spare parts relating to the products sold on the website www.cornilleau-services.com over a ten-year period counting from the year the table goes on the market, with the exception of the wooden parts for which there is no guarantee supplied.
9.2 - Details
When a product proves to be faulty whilst still under warranty the Customer must contact CORNILLEAU’s Customer Service department, which will indicate what steps to take to return the product.
In order to process a complaint, the Internet user must provide the following pieces of information in particular:
- Type of product concerned and its reference
- series number of product concerned
- possibly a description or reference for the part concerned
- proof of purchase and the date of this purchase
- precise description of the problem encountered, with CORNILLEAU also having the power to request photos of the product that is the subject of the complaint first.
No return will be accepted without prior agreement by the Customer Service department and the issuing of a return number, marking the actual agreement between the two parties.
The transportation costs of the product remain at the Customer’s expense.
After a check is performed by CORNILLEAU to discover the condition of the product and in the event that the item is still under warranty, it will go in for repair or standard exchange of the product. If however the Product cannot be repaired and cannot be exchanged for an identical product or equivalent, the Customer will receive a refund in a form equivalent to that described above for the right of retraction.
Whether or not the product is under warranty, the costs relating to the return shipping of the repaired or exchanged Product to the Customer remains at the Customer’s expense in every instance.
9.3 - Warnings
Products where the deterioration is the result of negligence, mishandling or inappropriate use in relation to the instructions detailing the product’s installation and operation, will eliminate any constructor’s warranty. The product will be returned to the Internet user as it is, or it will be repaired on acceptance of prior payment of an estimate drawn up by CORNILLEAU.
For additional safety, it is strongly advised that the Customer use the protective covers sold by CORNILLEAU.
ARTICLE 10 – SUBSTANDARD RETURN
A substandard return is a return designated as such in the current general terms of sale.
For any substandard return, CORNILLEAU will send the product back to the Internet user and will invoice the Customer the cost for shipping a product returned to the Customer by CORNILLEAU for being substandard.
The Internet user will be informed by email that the return is substandard and what the methods of payment are for shipping. These shipping costs will be payable by banker’s cheque or a cheque drawn on a post office account only and must be sent to CORNILLEAU.
CORNILLEAU will only send back the product returned for being substandard to the Customer once the shipping costs and the cost for processing a substandard return have been settled.
ARTICLE 11 – LIABILITIES
CORNILLEAU may only be deemed liable if it is in breach of one of the contractual obligations incumbent upon it due to accident or a case of force majeure, such as that defined by French case law.
The delivery periods are referred to for information only and hence do not assume a contractual nature. As such, CORNILLEAU cannot be deemed liable if these periods are not respected.
Under no circumstances can CORNILLEAU be deemed liable for loss of profits, commercial losses, loss of data or loss of income or any other indirect damage or anything unforeseen at the moment of use of the website or the conclusion of the sales contract between the Parties.
CORNILLEAU cannot be deemed liable for any damages arising from the use of the Internet network (power cut, virus).
ARTICLE 12 - LICENSE TO ACCESS THE WEBSITE
CORNILLEAU grants a limited license to access and use the website for personal use by the Internet user. Under no circumstances does CORNILLEAU give the Internet user the right to download or modify all or part of the website without CORNILLEAU’s express written consent.
This license does not allow any other use, particularly commercial, of the website or its content (products, descriptions, prices, data, software, sound bites, graphics, images or photographs).
All the elements which make up this website, whether audio or visual, including the technology used, remain the property of CORNILLEAU and are protected by copyright, trademarks or patents.
Moreover, any single or hypertext link is strictly forbidden without CORNILLEAU’s express written consent.
ARTICLE 13 - PROTECTION OF PERSONAL DATA
The collection of any personal information about the Customer is necessary to deal with the order and the delivery, as well as to make out the invoices.
This information can be distributed by CORNILLEAU to its contractual partners within the context of making the order, particularly to ensure the transport of the ordered products.
Failure to provide such information by the Internet user shall result in CORNILLEAU being unable to process the order.
CORNILLEAU undertakes to protect this data, which relates to Internet users. In accordance with French law of 6th January 1978 relating to data protection, modified by the law of 6th August 2004, the processing of this personal information has been the subject on CORNILLEAU’s part of a statement to the Commission Nationale de l'Informatique et des Libertés (CNIL – French Data Protection watchdog) recorded under No.1359134.
Moreover, CORNILLEAU reserves the right to commercially yield any data it has collected on its website.
In any event, and in accordance with French law No.78-17 of 6th January 1978, any user or Customer to the website has the right to oppose the commercial use of the aforementioned data and also benefit from a right to access, rectify and delete any data relating to them. As such, the Internet user has the right to modify his or her personal information directly under the tab "My Customer space" on the CORNILLEAU website or by contacting our Customer relations centre.
ARTICLE 14 – COOKIES
CORNILLEAU sets up cookies on your computer. These cookies don’t enable CORNILLEAU to identify the user. Generally speaking they record information relating to the Internet user’s browsing habits on the website (pages consulted, date and time of consultation...) which CORNILLEAU will be able to read during later visits by the Internet user. As such cookies will contain information provided by the Internet user.
CORNILLEAU informs the Internet user that s/he may oppose the recording of "cookies" by accessing and resetting the configuration menu on his/ her browser.