General terms and conditions of sale
1. Fields of Application
The present general conditions of sale apply to all orders placed on the website www.cnima.com, property of CNIMA J. Mornet SARL and hosted by the Company IONOS by 1&1. The applicable GCS are those in force on the day of the validation of the order.
2. Availability of the products
Our products and their prices are valid as long as they are visible on www.cnima.com.
3. Validation of orders and electronic signature
Any purchase order signed by the client/consumer by "double-clicking" constitutes an irrevocable acceptance which can only be challenged within the limits provided for in this contract. The "double-click" associated with the authentication and non-repudiation procedure and the protection of the integrity of the messages constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature (Law of 13 March 2000 on electronic signatures).
4. Terms of Payment
The prices indicated on the site are in euro (€) all taxes included.
4.1. Methods of Payment : You can make the payment of your purchases:
- By credit card in cash
- By bank transfer: our RIB will be indicated to you at the time of the order.
- By check: your order is then reserved for 8 days. Beyond this period, without reception of your check, it will be cancelled. The order will be processed only upon receipt of your check and after validation by our bank. Orders for France only, the check must be issued by a bank domiciled in metropolitan France.
For lack of having proceeded to its payment the responsibility of the Company CNIMA J. Mornet could not be committed in the event of non delivery of your order.
4.2. Default of Payment: the Company CNIMA J. Mornet reserves the right to refuse to carry out a delivery or to honour an order emanating from a client/consumer who would not have paid totally or partially a previous order or with whom a payment dispute would be in the course of administration.
5. Payment security and anti-fraud controls
Your purchases on www.cnima.com are 100% secure thanks to the implementation of control and payment security systems. It is important to know that the payment by credit card of your order is made directly to our partner bank: Crédit Agricole. Communicating your credit card number on the bank server at the time of payment of your order is fully secure. Indeed, this handling does not involve any risk since the coordinates of your credit card never pass in clear on the network: they are encrypted thanks to the SSL (Secure Socket Layer) protocol. The Company CNIMA J. Mornet does not have access to your banking coordinates, and does not keep them on its servers under any circumstances. It is for this reason that they are asked again to you with each new transaction on our site. Communicating your credit card number on our site is completely secure. On the other hand, it is possible that a malicious person may be able to obtain your credit card number (for example in case of theft), and use it to place an order without your knowledge.
6. Shipping and Delivery
The delivery times are 10 days maximum on metropolitan France for all products marketed by www.cnima.com. This announced delay is calculated in working days (after validation of your payment). The delivery date is calculated taking into account the preparation and shipping time to which is added the delivery time of the carrier (La Poste). The products are delivered to the delivery address that you have indicated during the ordering process. Delivery only in Metropolitan France (excluding Corsica). Deliveries abroad: opening of the service during 2011.
7. Force majeure
the Company CNIMA J. Mornet could not be held responsible for the non-fulfillment of the concluded contract, due to the occurrence of an event of force majeure.
8. Retraction
In accordance with Article L.121-20 and following of the Consumer Code, the consumer has a period of 7 working days from the date of delivery of your order, to return the article(s) that does not suit him, in its original packaging and in good condition, suitable for its re-marketing and ask for an exchange or refund and this without any cost, except for the cost of return. To do this, write to us, reminding us imperatively: your order number, your full details and the reason for your return to the following address: CNIMA J. Mornet Rue Jean Ferrat 63950 Saint-Sauves d'Auvergne. Any request will be processed within 72 hours.
9. Protection of personal data
This site has been declared to the CNIL under the declaration number: In progress.
9.1. Rights of information (article 32 of the law of January 6, 1978 modified by the law of August 6, 2004): The person in charge of the implemented treatments is the Company CNIMA J. Mornet.
9.2. Right of opposition (article 38 of the law of January 6, 1978 modified by the law of August 6, 2004): You have the possibility to oppose for legitimate reasons to be included in a file. Any person can refuse, without having to justify himself, that the data concerning him be used for canvassing purposes, in particular for commercial purposes.
9.3. Right of access (articles 39, 41, 42 of the law of January 6, 1978 amended by the law of August 6, 2004) : Any person who can prove his identity has the right to question the person responsible for a file or processing to find out whether he holds information about him and, if so, to obtain communication of this information.
9.4. Right of rectification (article 40 of the law of January 6, 1978 amended by the law of August 6, 2004): You may have information concerning you corrected, completed, updated, locked or deleted. In all cases, the exercise of this right is carried out, in accordance with the Data Protection Act, by contacting CNIMA J. Mornet, Rue Jean Ferrat 63950 Saint-Sauves d'Auvergne. For any information on the protection of personal data, you can consult the site of the Commission Informatique et Liberté: www.cnil.fr.
The use of your data is intended for the processing of your order.
10. Use and ownership of the site
The site www.cnima.com, property of CNIMA J. Mornet endeavors to ensure to the best of its ability, the accuracy and the update of the information disseminated on its site. It reserves the right to modify, at any time and without notice, the content of the given information without being able to guarantee the total accuracy. The Company CNIMA J. Mornet, manager of the site, declines any responsibility for any possible interruption or dysfunction of its site, any damage resulting from a fraudulent intrusion having led to a modification of the information made available on its site. The web service www.cnima.com may contain links to other sites but can in no case be held responsible for problems of access or content of these sites. The Company CNIMA J. Mornet will not be liable for damages arising from the use of its service, malfunctions attributable to software, whether or not they are incorporated into its service. The Company CNIMA J. Mornet makes a commitment to respect all the legal guarantees which you could take advantage of. The site www.cnima.com, property of CNIMA J. Mornet, and all the elements which constitute it, are protected, in particular the various contents (photographs, texts, presentations, denominations, titles, marks and drawings and models...) and the related software, are protected by intellectual property rights and related rights reserved to the only holders of these rights. Consequently, any use, reproduction, representation or partial or total distribution of these elements is strictly prohibited with the exception of reproductions without modifications or alterations made for the purpose of personal and private copying in accordance with article L.122-5 2° of the intellectual property code.
11. Contact details of the company
CNIMA J. Mornet, Rue Jean Ferrat 63950 Saint-Sauves d'Auvergne - Siret : 524 605 110 00021
12. Applicable Law - Attribution of Jurisdiction
12.1. The present general terms and conditions of sale are subject solely to French law.
12.2 Jurisdiction: For disputes relating to the execution or interpretation of the present terms and conditions, only the Commercial Court of Clermont-Ferrand shall have jurisdiction.
12.3 Territorial jurisdiction: Any dispute, whatever its nature, relating to the performance of the service, even in the event of recourse in guarantee or of plurality of defendants, will be in the absence of amicable agreement the exclusive competence of the Commercial Court of the place in the jurisdiction of which is located the registered office of the Company CNIMA J. Mornet.
