General Terms and Conditions of Online Sale

October 2023

Article 1 - General

These general terms and conditions of sale and online services, hereinafter referred to as the "General Terms and Conditions", apply to the contractual relationship between CRISTEL, having a registered capital of 7,000,000 euros, with registered offices at Fesches-le-Châtel (25490), France, registered in the BELFORT trade and companies register under number B 339 841 132, hereinafter referred to as "CRISTEL", and any natural person wishing to make a personal purchase on the CRISTEL website.

 These General Terms and Conditions determine the contractual relations between CRISTEL and the Customer and the terms applicable to any purchase made on the CRISTEL website www.cristel.com.

The purchase of a Product or Service on the Website implies unconditional acceptance by the Customer of these General Terms and Conditions.

These General Terms and Conditions comply with the provisions of the French Commercial Code and Consumer Code and with the laws applicable in the countries included in the "Contractual Territory" as determined in article 6 of these General Terms and Conditions.

CRISTEL reserves the right to modify its General Terms and Conditions at any time. In this case, the applicable terms and conditions will be those in effect on the date of the Customer's order.

Article 2-  Definitions

Customer: means any natural person acting in his/her own name and using the Website to make a purchase.

User IDs: means the login and password chosen or allocated to a Customer when his/her personal account is created.

Parties: means the Customer and CRISTEL.

Product: means all products sold on CRISTEL’s Website.

Re-coating: means the service described in article 4 of the General Terms and Conditions, which consists in refurbishing the Product's non-stick coating.

Website: means the website www.cristel.com

ARTICLE 3 – Product features

The Products offered for sale by CRISTEL are those which appear in the catalogue published on the CRISTEL Website.

These Products are offered while stocks last.

A description authored by CRISTEL accompanies each Product.

The photographs in the catalogue are as accurate as possible, but cannot guarantee perfect similarity with the Product offered, notably with regard to colours.

Article 4 – Re-coating service features

CRISTEL offers Customers a product re-coating service allowing them to exchange their old CRISTEL product for a reconditioned product which has been re-coated, i.e. the product's non-stick coating is refurbished.

In addition to the usual mandatory formalities for each order as stated in article 6 below, Customers who wish to obtain a re-coated Product must complete the online questionnaire to identify the brand (CRISTEL), collection, Product model and its exact dimensions. At the end of the questionnaire, Customer are given information relating to the price and terms of exchange and shipment of their CRISTEL Product. The Product is sent in by the Customer at his/her own risk, even if CRISTEL has provided a label for the shipment of the Product to CRISTEL.

On receipt of the Product, CRISTEL will check that it matches the description given by the Customer. If the Customer makes an error when entering the Product information, the resulting price difference shall systematically be in CRISTELs’s favour. CRISTEL is expressly authorised to retain any overpayment without notice. The maximum price difference is € 10 per product.

If the Customer erroneously sends in the wrong Product for re-coating (brands other than CRISTEL, re-coating not possible on model, etc.), or if the price difference is in the Customer's favour, CRISTEL will return the Product and undertakes to refund the price paid by the Customer minus a flat-rate sum of € 15 for administration, processing and re-shipment costs.

Processing time for Product re-coating orders is a maximum of twelve (12) weeks from the date of receipt of the Product at the factory. The re-coating service contract may be terminated forthwith and the Customer reimbursed if delivery times are 8 days longer than this maximum order processing time.

The Product sent to CRISTEL for re-coating is forwarded to CRISTEL's technical department and replaced by another identical Product refurbished as per the terms and conditions defined herein. The new coating applied to the Product is the initial new-generation coating. Consequently, no claim may be made by the Customer once the order has been confirmed, notably with the aim of recovering the old Product.

Article 5 - Prices

The prices shown in the catalogue are inclusive of VAT in euros and reflect the VAT rate in effect on the day of the order in the Contractual Territory of delivery; any change in the rate may affect the Product prices.

CRISTEL reserves the right to change its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only one applicable to the Customer.

As soon as a Product is added to an order, the Customer is immediately informed of the applicable transport and delivery costs, provided that delivery takes place in the geographical zones stated below.

Under certain terms and conditions specified by CRISTEL, transport may be free of charge.

 Article 6 – Contract territory 

The online sale of Products presented on the Website is reserved for Customers residing in metropolitan France and Monaco, Belgium, Germany, Austria, Ireland, Spain, Luxembourg, Portugal, Slovenia, Slovakia, Finland and Greece and for deliveries required in these geographical areas.

The contract territory may be changed at CRISTEL's sole discretion, in compliance with the legal rules specific to said territories.

Article 7 – Accessibility - Orders

Customers wishing to purchase a Product or order Re-coating must:

• Create an account by filling in the identification form, giving all the contact details requested, or by providing their User IDs, if any;
• fill in the online purchase form giving all the references of the Products or Services (re-coating) selected;
• confirm the order after checking it;
• select a delivery method and location from those listed by CRISTEL;
• make the payment according to the terms specified;
• confirm the order and payment.

After placing an order, CRISTEL will send the Customer an e-mail confirming and summing up the order. The sale will only be considered to have been concluded once the aforementioned order confirmation has been sent. The Customer still has the option of modifying the order until the date on which the Products are shipped.

Order invoices are available electronically. Invoices are available in pdf format in the Customer’s personal space.

CRISTEL reserves the right to refuse or cancel any order from a Customer, notably in the event of the Customer's insolvency or in the event of non-payment of an Order or a previous delivery or of a dispute relating to the payment of a previous Order.

The Customer warrants that the information provided by him/her on the Website is accurate, sincere and true. He/she undertakes to inform CRISTEL of any changes to the information provided at the time of registering and, if necessary, to make these changes him/herself in his/her personal space.

As soon as their account has been created, Customers will choose or be given a User ID enabling them to access their personal space.

User IDs are personal and confidential. A User ID can only be changed at the Customer's request or at CRISTEL's initiative.

In the event of the loss or theft of one of the Customer's User IDs, the Customer is responsible for any harmful consequences of this loss or theft, and must use the User ID changing procedure as soon as possible.

Furthermore, CRISTEL shall not be held liable in the event of usurpation of the Customer's identity. If the Customer believes that someone is fraudulently using his/her account credentials, he/she must immediately inform CRISTEL.

Fraudulent use of the Website or use that infringes these terms and conditions will result in the Customer being denied access to the Services or other features of the Website at any time.

Order confirmation implies the Customer’s acceptance of these General Terms and Conditions, acknowledgement that he/she understands them fully and a waiver of the Customer’s right to assert his/her own terms and conditions of purchase or any other terms and conditions.

All information provided and the recorded confirmation constitute proof of the transaction. Confirmation implies signature and acceptance of the transactions completed.

Article 8 – Right of withdrawal

The Customer, a non-professional natural person, has a cooling-off period of fourteen days as of acceptance of his/her order, to state whether he/she wishes to return the Products ordered to CRISTEL.

Customers who wish to assert their right of withdrawal must send CRISTEL their request for withdrawal, either by electronic means with a request for acknowledgement of receipt to cristelstore@cristel.com, or by post, by registered mail with acknowledgement of receipt, to the following address:

CRISTEL
Service CristelStore
Parc d'Activités du Moulin
BP 10
F - 25490 FESCHES-LE-CHATEL

To file a request, the Customer may choose to use:

• the online withdrawal form available at the following address: http://www.cristel.com/fr/contact?qid=34
• a statement on plain paper clearly expressing his/her wishes.

The Customer must state the date and number of the relevant order.

The new Products must be returned intact, in their original packaging and accompanied by any accessories within 14 days of the withdrawal request, exclusively to the postal address mentioned above.

The Customer may be held liable for depreciation of the Product resulting from any handling other than that deemed strictly necessary to ascertain its nature, features or proper operation.

CRISTEL will examine the Products and, as the case may be, reimburse all sums paid for returned Products without penalty, with the exception of return shipping costs, which shall be borne by the Customer.

If products that were sent to the Customer at the latter's request are to be returned using a delivery method that is more expensive than the standard delivery method offered, CRISTEL will reimburse the delivery costs on the basis of the standard rate.

Reimbursement will be effective within 14 days of receipt of the Products returned by the Customer, or upon receipt of proof, provided by the Customer, that the Products have been shipped by the Customer.

Reimbursement is made by CRISTEL using the same method of payment as that used by the Customer for the initial transaction.

Article 9 - Terms of payment

The price becomes payable when an order is placed.

Payments may be made by credit card, cheque or bank transfer.

In the case of payment by credit card, the payment will be made through the secure BNP Paribas Merc@net system, which uses the SSL (Secure Socket Layer) protocol: the information transmitted is software-encrypted so that no third party can access it during transport across the network.

If payment is by cheque or bank transfer, the order will only be shipped once the cheque has been cashed or the bank transfer for the total order amount has been received.

Therefore, this method of payment will take up to several weeks before the Products ordered are delivered.

At the Customer's request, a paper invoice showing VAT will be sent.

Payment in three instalments free of charge

TERMS AND CONDITIONS

Payment in 3 instalments by credit card is available for all orders totalling € 200 to € 2,000. The credit card validity date must extend at least 4 months after the date of purchase. For technical reasons, some credit cards, notably e-cards, foreign cards, prepaid cards, Maestro or Electron cards and American Express cards, are not accepted for payment in three instalments free of charge.

COST

No additional charges will be applied.

Direct debit schedule.

One third of the total order amount including VAT is debited when the order is placed, and the next two thirds are debited 30 days and 60 days respectively after the order date.

Example for an order of € 405 including VAT confirmed on 10 May:

- The first third, i.e. € 135 inc. VAT, will be debited on the day the order is confirmed, i.e. 10 May;

- The second third, i.e. € 135 inc. VAT, will be debited 30 days after the order confirmation date, i.e. 9 June;

- The last third, i.e. € 135 inc. VAT, will be debited 60 days after the order confirmation date, i.e. 9 July.

Payment schedules for orders initially paid for by credit card in 3 instalments that are cancelled in whole or in part will be revised accordingly.

For instance, for a € 405 (incl. VAT) order confirmed on 10 May, with € 150 (incl. VAT) of products returned on 5 June, the revised payment schedule would be as follows:

The first third, i.e. € 135 inc. VAT, will be debited on the day the order is confirmed, i.e. 10 May;

€ 50 including VAT will be refunded as soon as possible;

The second third, i.e. € 85 inc. VAT (€ 135 inc. VAT - € 50 inc. VAT), will be debited 30 days after the order validation date, i.e. 9 June;

The last third, i.e. € 85 inc. VAT (€ 135 inc. VAT - € 50 inc. VAT), will be debited 60 days after the order validation date, i.e. 9 July;

Other situations may arise and will result in other forms of adjustment to match the total amount paid with the amount of the goods kept by the Customer.

Article 10 – Deliveries

Deliveries are made to the address stated by the Customer on the order form, which can only be within the Contractual Territory determined in article 6 above.

Delivery costs are as follows:

• € 8 for home delivery by appointment - carrier: DPD (PREDICT).
• € 8 for delivery to a pick-up point in the PICKUP network - carrier: DPD
• Free for delivery to a CristelStore (Cristel products retailer) - carrier: DPD.

If necessary, CRISTEL reserves the right to deliver the Products using another carrier of its choice.

Products must be delivered within a maximum period of 30 days.

If this period exceeds thirty days from the date of the order, the sales contract may be terminated and the Customer reimbursed, except in cases of force majeure.

CRISTEL insures the Products during transport to the delivery point requested by the Customer. Should damage occur during transport, an evidenced complaint must be made to CRISTEL within 24 hours of receipt.

Article 11. Statutory warranties and manufacturer's warranties

11.1 Statutory warranties:

- Warranty against latent defects: All Products supplied by CRISTEL are covered by the statutory warranty against latent defects provided for in articles 1641 et seq. of the French Civil Code, valid for 24 months from discovery of the latent defect.

If the statutory warranty for latent defects is implemented, the Customer may choose between termination of the sale or a reduction in the sale price pursuant to Article 1644 of the French Civil Code.

- Warranty of conformity: If a Product sold is non-compliant, the Customer is covered by the statutory warranty of conformity provided for in articles L. 211-4 et seq. of the French Consumer Code and valid for 24 months from delivery of the product. The Customer may then return the non-compliant Product to the CristelStore® pick-up point, which will send it back to CRISTEL for repair or an exchange.

The Customer can choose between Product repair or replacement, subject to the terms of article L. 211-9 of the French Consumer Code.

The Customer does not need to prove the existence of a non-conformity.

The statutory warranties of conformity and latent defects apply independently of any commercial warranty that may have been granted, and notably the manufacturer's warranty as stated below.

11-2 Manufacturer's warranty:

CRISTEL Products are guaranteed against any manufacturing defect, from the time the Product is delivered to the Customer and for the duration of the Customer's life.

The lifetime warranty applies exclusively to the individual Customer who is the first purchaser of the Product and is not transferable.

The lifetime warranty only applies within the territory of the place to which the Product was delivered and shall not apply to any apparent defects that are not reported in compliance with the terms and conditions stated in article 11.1 above.

To claim on the manufacturer's warranty, the warranty certificate and proof of purchase of the Product must be provided.

The manufacturer's warranty does not apply to non-stick coatings and glass products (including but not limited to lids, teapots, coffee makers, steamers, etc.).

In a general sense, statutory warranties and the manufacturer’s warranty do not apply to defects and damage caused by natural wear and tear or by external accidents, negligence, defective maintenance and use of the Product, storage in abnormal conditions or by any changes made to the Product not provided for or specified by CRISTEL.

Any complaints, requests for exchanges or refunds must be made to the CristelStore® pick-up point selected when the order was placed or to any CristelStore® pick-up point, or directly to Cristel’s After Sales Service at the following address:    CRISTEL  Service CristelStore - Parc d'Activités du Moulin - BP 10 - 25490 FESCHES-LE-CHATEL

 For duly proven manufacturing defects, the Product will be reimbursed within a maximum of 30 days.

Article 12 - Liability

CRISTEL is only bound by an obligation of best endeavours in the online sales process; it cannot be held liable for any damage resulting from the use of Internet, such as loss of data, intrusion, viruses, interruption of service or other unforeseen problems.

 The Customer alone is responsible for the use of his/her User IDs and undertakes to make every effort to keep them secret and not to disclose them to anyone, in any form whatsoever and for any reason whatsoever.

The Customer will be responsible for the use of his/her User IDs by third parties or for actions or statements made through his/her personal Customer account, whether fraudulent or not, and holds CRISTEL harmless against any claim in this respect.

CRISTEL declines all liability in the event of abusive or illicit use, commercial or otherwise, of all or part of the content of the Website.

The Website may contain hypertext links pointing to other Websites which do not belong to or are not controlled by CRISTEL. CRISTEL has no control over the content, personal data protection charters or practices of third-party websites and accepts no liability in this respect.

CRISTEL cannot be held liable to a Customer or to any third party for any damage, suspension or interruption of the Services attributable to Force Majeure as defined by French case law, to an act of a Customer or a third party, or to the inevitable hazards that may arise from the technical implementation of the Services.

CRISTEL may interrupt access to the Site, notably for maintenance and upgrading purposes. Access may also be interrupted for any other reason. CRISTEL cannot be held responsible for these interruptions and the consequences that may result therefrom for Customers or any third parties. You are also reminded that CRISTEL may terminate or change the characteristics of the Website at any time without prior notice.

CRISTEL cannot be held liable for any bodily or material damage incurred to any third party resulting from improper use of the Products.

In any event, CRISTEL's liability will be limited to the amount of the order.

Article 13 - Intellectual property

The entire content of CRISTEL’s Website is and remains the exclusive intellectual property of CRISTEL.

It is strictly forbidden to reproduce, commercially operate, redistribute or use for any purpose whatsoever, even partially, any material from the website, whether software, images, or sounds.

Any linking or hypertext linking is strictly forbidden without the express written consent of CRISTEL.

Article 14 - Privacy - Collection and processing of Personal Data

The provisions relating to the privacy policy and the collection and processing of personal data applicable to the use of the Website and the purchase of products and online Services are stated in the document entitled "CRISTEL'S PRIVACY POLICY & PERSONAL DATA PROTECTION" which completes these General Terms and Conditions and can be viewed at: https://www.cristel.com/fr/politique-protection-donnees.

It complies with the French Data Protection Act of 6 January 1978 and with European Regulation 2016/679, which determines the conditions for the automated processing of personal data relating to Customers, as well as their right to access and rectify said personal data.

Requests should be sent by e-mail to cristelstore@cristel.com or by post to: CRISTEL Service CristelStore - Parc d'Activités du Moulin - BP 10 - 25490 FESCHES-LE-CHATEL

The automated processing of information, including the management of Website user e-mail addresses, has been filed with CNIL (National Commission for Information Technology and Civil Liberties) on 26/03/2008 and registered under number 1284531.

Article 15 - Archiving - Proof

CRISTEL will archive purchase orders and invoices on reliable, durable media constituting an accurate copy pursuant to the provisions of article 1348 of the Civil Code.

CRISTEL’s computer records will be considered by all parties involved as proof of communications, orders, payments and transactions occurring between the Parties.

Article 16 - Settlement of disputes

These General Terms and Conditions are governed by French law.

Should any dispute regarding the validity, construal, performance or non-performance, interruption or termination of this Agreement arise, the Parties shall use their best endeavours to reach an amicable solution. Pursuant to article L 152-1 of the French Consumer Code, these disputes may also be submitted to consumer mediation. However, the Customer remains free to accept or refuse recourse to consumer mediation.

If no amicable agreement is reached, the consumer may refer the matter free of charge to the consumer ombudsman responsible for the professional, i.e. the Association of European Consumer Ombudsmen (AME CONSO), within one year following the written complaint sent to the professional.

Referral to the Consumer Ombudsman must be made:

• either by completing the form provided on the AME CONSO website: mediationconso-ame.com;
• or by post to AME CONSO, 11 Place Dauphine - 75001 PARIS.

The solution provided by the mediator is not binding on the Parties.

In the event of a dispute, the Customer may refer the matter either to one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or to the court with jurisdiction over the Customer’s residential location when the contract was concluded or when the adverse event occurred.

Article 17 - Guarantee of eco-organisation membership

CRISTEL is registered with the French register of furniture manufacturers (Registre national des metteurs sur le marché d'éléments d’ameublement) under number FR001682_10Y6A5. This number guarantees that CRISTEL, in its capacity as a member of Eco-mobilier, complies with its regulatory obligations under article L541-10-1 10° of the French Environment Code.

CRISTEL is also registered with the following industry bodies:

Unique Paper Industry identifier (IDU) / Ecofolio – Citeo: FR001682_03QJGR
Unique Packaging Industry identifier (IDU) / Ecofolio – Citeo: FR001682_01MMHQ
Unique Battery Industry identifier (IDU) Corepile: FR001682_06OBUZ
Unique WEEE Identifier (IDU) / Ecologic: FR001682_058HDQ