The purpose of these General Terms and Conditions of Sale (GTCS) is to govern the contractual relations between the Customer on the one hand, and the company C.F.S (simplified joint stock company with capital of €258,334, whose registered office is located at Zac de l'Europe -77310 Saint Fargeau Ponthierry, RCS MelunB 843835 513) also called "Cleva France", on the other hand.
Any order placed by the Customer entails full and unreserved adherence to these General Terms and Conditions and renunciation by the Customer of its own conditions of purchase, whatever the terms and notwithstanding any contrary stipulation or previous agreement.
The sale is perfect only after express validation by C.F.S of the Customer’s order and, in case of partial validation, within the limit of this validation.C.F.S is bound only by the terms of its order validation, notwithstanding any previous discussions or agreements.
Information on tariffs, catalogues or advertising documents is given for information purposes only. Until the validation of the Customer’s order, C.F.S reserves the right to make any price, presentation, design, dimensions, shape or material changes to its goods.
Price offers issued by C.F.S may, if necessary, be indexed to a currency and fluctuate with that currency. In this case, the final price in Euros will be decided on a date agreed between the parties.
In the event of a change in the cost of the raw materials relating to the goods ordered, between the date of validation of the order and the date of delivery, C.F.S may pass on all or part of this change to the price of the goods, the two parties then having the option of giving up the order if this change results in an increase or decrease in the price of more than 5%.
The repetition of payment incidents will authorize C.F.S to refuse any new order, without notice or indemnity.
Delivery times from factories, stores or C.F.S depots are given for information purposes only, with a minimum of 120 days. C.F.S undertakes to make its best efforts to ensure delivery within the indicated deadlines, without a delay which cannot justify the cancellation of the order, nor the granting of any compensation.
However, C.F.S reserves the right to suspend deliveries in case of force majeure or events such as strike, epidemic/pandemic, fire, floods, tool accidents, interruption or delay in transport or any other cause leading to total or partial unemployment for the manufacturer or its suppliers.
C.F.S will endeavour to inform the Client, in a timely manner, of the occurrence of the cases or events mentioned above.
Delivery is effected either by delivery of the goods directly to the Customer, or by simple notice of availability in the factories, stores or warehouses of C.F.S, or by remission to a shipper or carrier for shipment to the Customer.
In the event of dispatch, the goods shall be delivered free of port. By exception, the shipping costs will be charged extra in case of express shipment at the request of the Customer, as well as for any order with a value of less than 230€ HT.
The goods travel at the Customer’s risk, even in case of return or shipment carried out free of port or against refund. The consignments are checked at departure and packed according to commercial practice. C.F.S cannot be held liable in the event of missing or damage due to an event that occurred after shipment.
In case of delivery on a Europe pallet, these must be returned by the Customer to C.F.S upon receipt of the delivery. Failing restitution within 15 days, the Customer will be charged 7€ HT per pallet.
The Customer undertakes to check the goods (quantity and quality) upon receipt, in the presence of the carrier. No claim shall be accepted if it is not made on the day of delivery or if, on that date, no reservation has been made to the carrier and confirmed by registered letter with acknowledgement of receipt to C.F.S within 48 hours. It is also recalled that, in accordance with the provisions of Article L133-3 of the French Commercial Code, the Customer has three (3) days from the delivery of the products to notify the carrier of his reasoned reservations.
In any case, no penalty may be applied to C.F.S by the Customer in case of quantity of delivered products not in accordance with the order.
Where, in accordance with commercial practice, C.F.S carries out ancillary transport operations such as, insurance policy, customs formalities, etc., C.F.S acts only as agent of the consignee who retains his responsibility, the costs, risks and risks of these operations.
Subject to the stipulations below, invoices are payable at sixty (60) days net of invoice date, by bill of exchange. The Customer is required to return, accept, within a maximum of seven (7) calendar days, the items presented to him.
Any deterioration of the Customer’s credit may justify the requirement for guarantees or a cash or draft settlement payable on demand, before the execution of orders received. C.F.S. reserves the right, at any time, according to the risks incurred (in particular in the event of a change in the capacity of the debtor, in his professional activity, or in the event of a transfer, lease, pledge or contribution of his business assets having an adverse effect on the Customer’s credit), to set a limit on the overdraft applicable to the Customer and to require certain payment periods or guarantees.
The advance payment of a maturity entitles to discount at the rate of 0.75% when such payment is made within ten days of invoice date. Any discount deducted without invoice for cash payment will be subject to a proportional VAT deduction.
The payment of any rebates, bonuses or rebates will be conditional on the prior payment of the invoices used to calculate them. All rebates or bonuses are automatically cancelled in the event of payment of one or more unregulated invoices after receipt by the Customer of a letter of formal notice to pay.
The sums due to the Client by C.F.S in respect of rebates or assets will be the subject of compensation with the sums due or due by the Client. To this end, C.F.S and the Customer will agree to identify the invoices on which this compensation may be made.
Under no circumstances may payments be suspended or be the subject of any compensation by the Customer without the prior written consent of C.F.S. Any partial payment will first be charged to the sums for which the liability is the oldest.
In the event of a delay in payment (including the delay of a due date in the event of payment in instalments) and 24 hours after the issue of a registered letter with acknowledgement of receipt that has not been successful, C.F.S may require payment in full for any pending orders, even if they had given rise to trade effects already in circulation.
In addition, any delay in payment shall automatically entail, without prior notice, the application of penalties equal to the interest rate of the European Central Bank on its most recent refinancing operation, increased by 10 percentage points, without prejudice to the possibility for C.F.S to impose on the defaulting Customer the payment against reimbursement of any subsequent order.
In the event of a delay in payment of the sale price and/or penalties for delay, the sale may be terminated by operation of law if C.F.S deems it appropriate, and C.F.S may request, as an interim measure, the return of the goods, without prejudice to any other damages. The resolution will affect not only the order in question, but also all previous unpaid orders, whether they are delivered or in the course of delivery and whether or not their payment is due.
In the case of payment by commercial item, the default of return of the item shall be considered as a refusal of acceptance equivalent to a default of payment.
The Client will also have to reimburse all costs incurred by the litigation recovery of the sums due (including the fees of ministerial officers) and will in any case be liable for the flat-rate indemnity of €40 mentioned in article D441-5 of the Commercial Code
C.F.S designs, produces and offers multiple aids to the sale of its products, notably in the form of POS signs (advertising on the place of sale), ILV (information on the place of sale), leaflets, gadgets, photos, etc. These media are put at the Customer’s disposal to promote the sale of the products.
The Customer undertakes to present in its stores only C.F.S products in the commercial environment of sales support. The Customer acknowledges to C.F.S or its representative the right to take back the said supports, as soon as they would be used to market products competing with those of C.F.S.
In the event of a breach of commercial relations between the Customer and C.F.S, for whatever reason and regardless of the cause of the breach, the sales support provided by C.F.S must be returned by the Customer within a maximum period of fifteen (15) days following notification of the end of the business relationship.
This clause does not imply the transfer of any intellectual property right to the Client, for any reason whatsoever, sinceC.F.S remains the sole owner of the rights relating to these media, in particular with regard to the photographs of the goods, which may be used by the Customer only under the conditions mentioned above.
It is also expressly stipulated that under no circumstances may photographs provided by C.F.S be used generically to promote articles not appearing on the photograph.
The Customer shall also refrain from using, for commercial, promotional or other purposes, any document (in material or electronic format) that has not been expressly given to him by C.F.S, and especially any pictures of products downloaded from the C.F.S.’s website.
Items included in catalogues or any other promotional material must be marketed by the Customer in sufficient numbers to meet a significant demand.
No return will be accepted by C.F.S, except in exceptional circumstances duly justified by the Customer.
In this case, any return must be the subject of a prior written agreement exclusively from the commercial management of C.F.S. The commercial representatives of C.F.S are not entitled to authorize a return, nor, a fortiori, to take back goods.
Only new products, which remain in their original packaging, may be returned if necessary.
No return may be accepted after a period of fifteen (15) days following the delivery of the products concerned.
In case of agreement for the return, C.F.S will issue a credit note corresponding to the original invoicing price, on which will be applied the following allowance, in order to cover the costs of return to stock:
- marked, labelled or deteriorated packaging: 10%;
- missing accessories, parts or documents: a minimum of 20% depending on the size.
Returns will be in paid port.
Notwithstanding the legal guarantee deriving from Articles 1641 et seq. of the Civil Code, the Customer shall, for use by end-users in accordance with the requirements of the product and its normal use, a contractual guarantee on functional parts and labour (the travel remaining to be borne by it), of a duration mentioned on the packaging of the product or on its instruction manual.
This contractual warranty applies exclusively to new products sold by the Customer and starts from the date of purchase of the device by the end user.
During this period, the contractual guarantee covers, on presentation of an approved proof of intervention under guarantee by qualified personnel, the reimbursement of the defective functional parts acquired from C.F.S, excluding travel expenses and loss or deterioration of goods. The guarantee certificate, bearing the Customer’s stamp and the date of sale to the end user, must be presented at the time of the repair under warranty of the device and at the time of the request for reimbursement of the parts. Failing this, the invoice issued by the Customer will be taken into consideration.
The responsibility of C.F.S cannot be sought in connection with the installation of the apparatus (including the connections and the quality of the power supplies), the responsibility of the latter is not incumbent on it. It follows, in particular, that C.F.S cannot be held liable for property damage or accidents of persons resulting from an installation which does not comply with the legal and regulatory provisions (such as, for example, the lack of connection to a ground connection, failure to comply with regulations regarding the gas connection, etc.) or the usual rules of caution in this regard.
The warranty shall not apply if the appliances have been subjected to abnormal use, in particular in the case of industrial or commercial use, or have been used under conditions different from those for which they were built, in particular in the event of non-compliance with the conditions prescribed in the operating instructions, in the event of exposure to external conditions affecting the appliance (such as excessive humidity), or in the event of abnormal variations in the electrical voltage.
It also does not apply to damage or accident resulting from shock, fall, negligence, lack of supervision or maintenance, or in the case of conversion of equipment or intervention by personnel or an undertaking not approved by C.F.S (the list of approved companies is published on
the website www.cleva-serivces.fr) or made with spare parts not of original, and more generally any defect or damage attributable to causes of external origin.
Finally, aesthetic or consumable parts and accessories failures are also excluded.
Under no circumstances is C.F.S obliged to change an appliance.
The parties, fully informed of their rights under Article 1195 of the Civil Code, accept the risk of a change in the context of this contract, and waive all rights arising from this Article.
C.F.S implements personal data processing, primarily for the purpose of managing the relationship with its customers and prospects, monitoring customer files, and accounting (including billing and collection).
C.F.S keeps the data only for the duration necessary for the transactions for which they were collected, as well as in compliance with the regulations in force. In this respect, the data of the customers are kept for the duration of the contractual relations, increased by three (3) years, without prejudice to the obligations of retention or limitation periods. For accounting purposes, they shall be kept for ten (10) years from the end of the accounting period.
The data processed are intended for authorised persons of C.F.S, as well as for its service providers.
Under the conditions defined by the French Data Protection Act and the European Data Protection Regulation, natural persons have a right of access to data concerning them, rectification, query, limitation, portability and erasure.
Any dispute arising from the interpretation or execution of these General Terms and Conditions of Sale shall be the exclusive competence of the Commercial Court of Melun.
Preamble: the online shop www.cleva-services.fr was set up by C.F.S. (simplified joint stock company). C.F.S. manages and operates www.cleva-services.fr.
The purpose of these General Terms and Conditions of Sale (GTCS) is to govern the contractual relations between the Customer on the one hand, and the company C.F.S (simplified joint stock company with capital of €258,334, whose registered office is located in Zac de l'Europe - 77310 Saint Fargeau Ponthierry, RCS Melun B 843 835 513), here represented by the website www.cleva-services.fr (hereinafter referred to as "the Website") on the other hand.
Any order placed by the Customer entails full and unreserved adherence to these General Terms and Conditions of Sale and renunciation by the Customer of its own terms and conditions of purchase, whatever the terms and notwithstanding any contrary stipulation or previous agreement.
These general conditions of sale apply exclusively to natural persons who are not traders. They are applicable to products delivered and invoiced to buyers established in Europe.
The consultation, creation of a customer account and/or the placing of any order through the Site imply the unreserved acceptance of these Online Terms and Conditions that apply to orders and sales made through the website www.cleva-services.fr.
The sale is perfect only after express validation by C.F.S of the Customer’s order and, in case of partial validation, within the limit of this validation.
The prices of the products are indicated in Euros all taxes included (except otherwise indicated) and excluding participation in shipping costs.
C.F.S reserves the right to change its prices at any time but the products will be invoiced on the basis of the prices in force at the time of validation of the order.
The website www.cleva-services.fr aims to sell accessories and consumable parts for the products we sell.
All spare parts are sold individually.
For mechanical spare parts requiring recognized technical expertise, we recommend our customers to contact our network of distributors of spare parts or authorized service stations, only authorized to perform mechanical maintenance work.
The company C.F.S. cannot be held responsible for the work carried out by the user customers, nor for the adequacy of the products purchased to their needs.
In case of doubt, we recommend that you contact our authorized distributors who will advise you. https://www.cleva-services.fr/en/reparateur
The payment of the customer’s purchases is carried out by:
- Credit card:
The client pays directly on www.cleva-services.fr by following the steps requested.
Credit cards accepted are: Visa, MasterCard, other credit cards (Ecard bleue)
The card is only debited when the customer’s order is validated.
- Bank transfer:
The minimum payment by bank transfer is 10€. The order will then be reserved for 7 days. After this time, without receiving the transfer to our company’s account, it will be cancelled. The order will only be processed upon receipt of the bank transfer.
Our site is subject to a security system. All online payments by credit card are made via the SSL (Secure Socket Layer) security system which allows the encryption of the consumer’s bank details when they are transmitted over the network. Upon payment, a logo in the form of a padlock appears to ensure the consumer a safe transaction.
All payments made on www.cleva-services.fr are evaluated and monitored by our CIC bank. If the latter considers that there is a risk and refuses to insure a transaction, we are able to not give a favourable response to the customer’s order.
In accordance with the legal provisions in force, you have a period of 14 clear days from the receipt of your products to exercise your right of withdrawal with C.F.S. without having to justify reasons or pay penalties.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the product or products purchased and the shipping costs will be refunded; the costs of return remain at your expense. No return shipments will be accepted for any reason.
Any return must be notified in advance to the customer service. Any exchange or return made without prior agreement will be refused. You can contact us at services@cleva-france.fr to report your return.
Returns are to be made in their original state and complete (packaging, accessories, instructions...) allowing their re-marketing in new state, and accompanied by a copy of the purchase invoice for an optimized management. For any incomplete, damaged, damaged, used or soiled item, we reserve the right to refund only part of the purchase price of the returned item.
The product(s) must be returned to the following address:
CLEVA France – Returns Service
c/o Gardif
CAZ of Europe
60 Avenue de Bruxelles
77310 Saint-Fargeau Ponthierry
The after-sales service of the goods is provided by the Customer, under his full responsibility.
Generally speaking, C.F.S cannot be required to replace a product. If, on its own initiative and without further notice from C.F.S, the Customer replaces a product in place of a technical intervention falling within the scope of the after-sales service, the Customer assumes responsibility for it and bears the entire cost of it without being entitled to a refund or participation of C.F.S.
Notwithstanding the legal guarantee deriving from Articles 1641 and following of the Civil Code, the Customer shall, for use by end-users in accordance with the requirements of the product and its normal use, benefit from a contractual guarantee on functional parts, a period of time specified on the packaging of the product or on its instruction manual.
During this period, the contractual guarantee covers, on presentation of an approved proof of intervention under guarantee by qualified personnel, the reimbursement of the defective functional parts acquired from C.F.S, excluding travel expenses and loss or deterioration of goods. The guarantee certificate, bearing the Customer’s stamp and the date of sale to the end user, must be presented at the time of the repair under warranty of the device and at the time of the request for reimbursement of the parts. Failing this, the invoice issued by the Customer will be taken into consideration.
It also does not apply to damage or accident resulting from shock, fall, negligence, lack of supervision or maintenance, or in the case of conversion of equipment or intervention by personnel or an undertaking not approved by C.F.S (the list of approved companies being published on the website www.cleva-services.fr) or made with spare parts not of origin, and more generally any defect or damage attributable to causes of external origin.
Finally, aesthetic or consumable parts and accessories failures are also excluded.
Under no circumstances is C.F.S obliged to change an appliance.
The parties, fully informed of their rights under Article 1195 of the Civil Code, accept the risk of a change in the context of this contract, and waive all rights arising from this Article.
All elements of www.cleva-services.fr, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of C.F.S..
No documents from www.cleva-services.fr may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way. Any modification or use in a non-personal capacity is an infringement of C.F.S.’s intellectual property law.
Any user who wishes to create a simple link directly referring to the homepage of the Site must request the authorization of the company C.F.S.
C.F.S implements personal data processing, primarily for the purpose of managing the relationship with its customers and prospects, monitoring customer files, and accounting (including billing and collection).
C.F.S keeps the data only for the duration necessary for the transactions for which they were collected, as well as in compliance with the regulations in force. In this respect, the data of the customers are kept for the duration of the contractual relations, increased by three (3) years, without prejudice to the obligations of retention or limitation periods. For accounting purposes, they shall be kept for ten (10) years from the end of the accounting period.
The data processed are intended for authorised persons of C.F.S, as well as for its service providers (carriers for example).
Under the conditions defined by the Data Protection and Freedoms Act and the European Data Protection Regulation (GDPR), natural persons have a right to access data concerning them, rectification, query, limitation, portability, of erasure.
The persons concerned by the processing carried out shall also have the right to oppose, at any time, for reasons relating to their particular situation, the processing of personal data having as a legal basis the legitimate interest of C.F.S, and a right to oppose commercial exploration. These rights may be exercised by e-mail at contact@cleva-france.fr or by post at the address of the head office of C.F.S, accompanied by a copy of a signed identity document. Data subjects have the right to lodge a complaint with the CNIL.
Any dispute arising from the interpretation or execution of these general conditions of sale, will be the exclusive jurisdiction of the Commercial Court of Melun.