Côte&Ciel Inc. (hereinafter "Côte&Ciel" or "WE"), provides the website www.coteetciel.com/ and offers accessories for sale. These Terms & Conditions shall apply in the latest version to all orders and contracts made by Côte&Ciel and the client (“client”), who either is a private person of full age (hereinafter "consumer"). No subsequent agreement in any way altering these Terms & Conditions shall be binding on Côte&Ciel unless made in writing and signed by an authorized officer of Côte&Ciel.
2.1 Any goods on our website americas.coteetciel.com are presented in a true-to-life manner to a large extent. Due to different settings or performances of screens or printers, the illustration can differ from the real appearance. The consistency cannot be guaranteed by Côte&Ciel.
2.2 The products as presented on the website can be out of stock or unavailable for other reasons or vary in price in individual cases. The presentation of goods on the website is no binding offer. Unless specified otherwise all mentioned prices are given in EURO incl. VAT plus shipping costs. Please note that if you order from outside of the USA import taxes and duties might apply that you have to settle within your country (please see 4.2.2)
2.3 All products are delivered with a packaging. The obligation for return does not apply, when the packaging has been broken or damaged.
All contracts between you and Côte&Ciel are closed by transfering any chosen items into the shopping bag on the website and upon completion of the order form and its dispatch by clicking the button "Place Order" or pressing "Return" or "Enter" on the keyboard (binding order of the customer) and finally upon receipt of the order confirmation of Côte&Ciel sent to the e-mail-account of the customer as stated in the order form or alternatively upon shipping of the goods at the latest. Customer accepts these Terms & Conditions by clicking the button in the order form. Any mistakes in the order form can be corrected by the change before dispatch of the order. The prices valid at the date and time of order apply.
3.2 We do not store the contract text and it cannot be downloaded again after your order has been completed. You can print out the order data immediately after sending it. You can either use the next page "Your order" or use the mail "receipt confirmation".
3.3 In the event our supplier does not deliver the goods as ordered by us according to the distribution agreement between the supplier and us, we are entitled to terminate the contract, when the supplier breaches his duties contrary to the distribution agreement. In this case we will give a brief notice, that the ordered product is not available; eventual payments will be refunded in this case.
Unless otherwise agreed the shipping will be carried out to the address given by the customer. Periods of delivery are nonbinding, unless otherwise expressed.
4.2 We use FedEx for delivery, and therefore are unable to deliver to APO/FPO addresses, as well as P.O. Boxes. We do not offer Saturday delivery.
PLEASE NOTE: Some countries may have restrictions on the receipt of specific items.
4.3 All shipments will be carried out through FedEx. The terms and conditions of FedEx will apply additionally and can be called under www.fedex.com.
Please note that we aim to dispatch all orders within 24 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, Côte&Ciel are not responsible for any delays caused by destination customs clearance processes.
4.4 If the customer has special requests concerning the type of shipment, e.g. express shipment, the additional costs shall be charged. The risk shall be transfered to the customer when the goods are transfered to a forwarder or carrier, in any case when they leave of the warehouse of Côte&Ciel.
Payments including shipping fees are accepted via credit card or Paypal. In the event that ordered goods are not available at present, any amounts credited in advance will be refunded immediately.
By choosing the payment option Paypal the customer agrees to pay immediately after the purchase order. Affirmation of the contract and delivery will be effected upon receipt of payment. Côte&Ciel is entitled to cancel an order, if the payment is not made within 5 working days within the order.
5.2 Credit Card
All credit card information (numbers, expiry dates etc) will be handled with an encrypted protocol automatically to ensure that neither Côte&Ciel nor third party have access to this information. This credit card information will only be used again after purchase transaction in the case of eventual refunds. Please note that this s a direct whithdrawal.
Côte&Ciel works with the security software SSL (Secure Socket Layer), which is based on asymmetrical encryption to prevent malpractice or deception or copying of credit card information during the purchase process.
All goods will remain in our property until payment is received in full. In the case of a delay of payment over a period of more than 5 working days, Côte&Ciel is entitled to terminate the contract and claim back the goods.
7.1 Condition of the Goods
All instructions, designs, illustrations, technical data, weight -, measurement and performance specifications, which are contained in product folders, catalogues, circulars, announcements or price lists, have a purely informative character. We do not guarantee the correctness of these data.
Liability in the case of material defects or defects of title shall follow the statutory provisions in force in the United States of America. In case of a product or material defect please contact us on email@example.com with a photo and a description of the defect. We will contact you in order to confirm how to proceed. Compensation for consequential damage caused by defects in delivered goods shall be excluded. The following restrictions shall apply: Côte&Ciel shall not be liable for other than by injury of lives, bodies and health developing damages, unless caused by Côte&Ciel or its employees, representatives or supporters with gross negligence or intent or based on culpable injury of a primary contractual obligation by Côte&Ciel or its employees, representatives or supporters. Any further liability shall be ruled out, except of such under the American Product Liability Act or liability for an expressively warranted condition or defects, which have been suppressed maliciously. Data communication over the internet cannot be ensured error free and/or at any time available after the present state of the art. Therefore we are not liable for the constant and continuous availability of our website. We are not responsible or liable for the availability and the content of third party’s websites reachable over hyperlinks from our website. The content of third party’s websites will not be appropriated by Côte&Ciel in any case.
In the case of eventual complaints please feel free to contact us on: firstname.lastname@example.org
8.1 We want you to be happy with our products. Should you for any reason be unhappy with our delivered goods, you have the right to return them within 14 days after the arrival of the goods. The term begins with the receipt of the goods. Please contact us on email@example.com and we will send you the returns requirements. We don´t cover the shipping costs of returning your goods.
8.2 Consequences of Refundment
In the case of an effective revocation both parties are entitled to demand the refund of achievements mutually. In the event of deterioration of the goods Côte&Ciel is entitled to claim a refund as compensation; this shall not apply when the deterioration is only based on tryout of the goods - comparable with the situation in a shop. Further you can avoid the claim for refund as compensation by using the goods carefully within the term. In the event that the refunded goods have been used, worn, washed or the signet has been removed, the refund as compensation can come up to the purchase price. Shipping costs of the delivery are not refunded by Côte&Ciel.
8.3 Carrier for Returns
You can select the carrier of your choice, but we recommend depending on your location FedEx, DHL or UPS.
9.1 The law of the United States of America shall apply, the United Nations Convention on Contracts for the International Sales of Goods (CISG) expressly excluded.
9.2 The Terms & Conditions of Côte&Ciel will supersede any other general terms and conditions binding upon the customer.
9.3 New York (USA) shall be the place of jurisdiction if the customer is a merchant entered in the commercial register as a merchant, a legal entity under public law, or a federal special fund under public law.
9.4 Eventual ineffectiveness of single provisions does not touch the effectiveness of the remaining provisions.