Object
These Conditions of Sale govern the contractual relationships and conditions applicable to any purchase made via the shopping website www.cryoshok.com between :
- the firm LUCID DREAM SAS for e-shopping Cryoshok whose registered office is situated at 675 Chemin du Périgord, 84130 LE PONTET, France, thereafter named « LUCID DREAM SAS »
- any person, an individual or a business, acting only as a consumer and strictly for their own needs, visiting or making a purchase via the website www.cryoshok.com; thereafter named « the customer »
The customer agrees they have read and understood these Conditions of sale.
Placing an order on the website www.cryoshok.com means the whole and full adhesion of the customer to the General Conditions of Sale. All the sales made on this website are solely made according to these General Conditions of Sale.
The specifications and conditions brought to the customer’s order and that would be, in any kind, incompatible with these Terms and Conditions or that would add to them, would not bind LUCID DREAM SAS and be applicable, notwithstanding LUCID DREAM SAS’s acceptance of the order. The fact thatLUCID DREAM SAS does not object to the stipulations held in any communication from the customer does not mean that it can be considered as a renunciation to cite these Terms and Conditions.
These Terms and Conditions prevail upon any other Terms and Conditions that have not been expressly approved by LUCID DREAM SAS. LUCID DREAM SAS reserves the right to modify their Terms and Conditions at any moment. In that case, the modifications will be applicable to the sales made as soon as the modified Terms and Conditions have been put online.
Characteristics of the proposed goods
The goods proposed for online sale are those present on the website www.cryoshok.com.
The goods are described and reproduced by LUCID DREAM SAS on the website with the greatest accuracy possible. However, LUCID DREAM SAS draws the attention of the customer on the fact that the photos cannot ensure a perfect resemblance with the goods proposed for sale, especially when it comes to colours.
The differences can result from the colour quality of the photos, from the difficulty to have the fabric correctly rendered on screen, or, albeit without being exhaustive, the technical adaptation. These differences cannot be interpreted as a defect of conformity and lead to the cancellation of the sale.
In the case of obvious mistakes or of non-significant omissions between the characteristics of the good and its reproduction and/or description, LUCID DREAM SAS cannot be held liable. The goods offered and the prices featured on the website are valid as long as they are featured on the website, while stocks last.
In the event that a product runs out of stock, LUCID DREAM SAS commits itself to inform the customer as soon as possible by an email or by the phone and to tell them, if necessary, the estimated time for the delivery of the good.
The customer will be able to confirm their order or ask for the refund of the good on the basis of the price charged.
- The preparation and delivery fees will be refunded to the customer if the latter confirms the cancellation of their order in full.
- The participation and delivery fees will still be payable by the customer if the latter confirms the delivery of one or more article(s) that are part of the same order.
Price
The prices of the products proposed for sale on the website www.cryoshok.com are given in euros, VAT included, and are solely valid on the website.
The preparation and delivery fees are in addition and payable by the customer, except as otherwise stated on the website.
LUCID DREAM SAS reserves the right to modify the prices of its goods at any time and without any advance notice to the customer, in particular in the case of obvious mistakes (typography or printing) or modification of the VAT rate.
The goods ordered are charged to the customer on the basis of the rates in force on the website at the time the order is registered.
Ordering
The creation of a «Cryoshok account » is mandatory to buy on the website www.cryoshok.com.
All the steps of the sale are clearly identified on the website, according to the clauses of article 1369-1 of the Civil Code. In accordance with these clauses, the customer has the opportunity to check the details of their order and its total price and to correct possible mistakes before definitely confirming their order.
The order is solely registered once the customer has confirmed their agreement to pay and the bank has accepted to process the transaction.
The summary of the customer’s order is available in a printable version.
As soon as the order is registered, the customer receives a confirmation email that takes up the essential information of their order, in particular the order number, the list of the goods ordered and the details of the price.
The whole of the data given by the customer during the ordering process and the registered confirmation of that order are the proofs of the transaction.
LUCID DREAM SAS reserves the right to refuse any order from a customer with whom it is involved in a dispute regarding the payment of a prior order, as long as that dispute is not resolved.
Payment
The payment of the customer’s purchase on the website www.cryoshok.com is done by bank card and Paypal.
The bank cards accepted are the following : Credit card, Visa and Mastercard.
During the finalisation of the ordering process, the customer is asked to fill in their card number, its expiry date as well as the 3-digit number of the card security code at the back of the card.
The checks are not accepted as a means of payment on the website www.cryoshok.com.
The details of the payment as well as the order number are on the confirmation email sent to the customer.
Means against bank fraud
LUCID DREAM SAS reserves the right to check the personal data given by the customer and to adopt any measures deemed necessary (a request for documentary evidence and/or the cancellation of the order) to check that the person whose bank account is debited is the one who placed an order, thus avoiding any fraudulent use of bank card numbers on their website.
Security of the payment
For any article that is proposed for sale, the customer has the possibility to pay by bank card by filling in their 16-digit card number, its expiry date and the card security code at the back of the card, following the kind of card used.
The ordered goods belong to LUCID DREAM SAS until the full payment of the bill.
The customer vouches for the fact that they have all the requested authorisations to make the payment by bank card. In the case of a payment by bank card without authentication, the payment order may be denied in the case of a fraudulent use of the card, in accordance with the contract concluded between the customer and their bank establishment.
The firm LUCID DREAM SAS delegates to BNP Paribas bank the use of cryptological means to secure the transactions in accordance with the law in force. The bank information is solely conveyed to BNP Paribas bank and are 128 bits SSL (Secure Socket Layer) encrypted. In no case has BNP Paribas bank knowledge of the customer’s bank number. The apparition of « https://... » in the address bar and of a pictogram at the bottom of the customer’s browser are the proofs accepted by the customer. Each payment by bank card is submitted to a request for authorisation to the customer’s bank. It is the latter that accepts or denies the payment transaction.
BNP Paribas’s payment interface calls for the 3D Secure technology. It is a system worked out by the two bank card networks – Visa and MasterCard – to authenticate the bank cards’ holders and thus avoid any fraudulent use of the cards. In addition to the number, the expiry date and the card security code, with the 3D Secure system, the card holder must authenticate themselves on their bank’s interface to which they are automatically redirected, by filling in a code or personal information that their bank will have conveyed to them prior to that. Once authenticated, the holder will see their transaction accepted or denied by their bank.
Delivery
The order is delivered by La Poste in a So Colissimo package at the delivery address given by the customer, in an average of 4 business days.
The customer is informed by email that their order has been shipped.
Withdrawal from the contract
The customer benefits from a 14-clear-day limit once the good has been received to withdraw from the contract.
In order to do this, the customer must return the unpacked item(s) in their original, unsealed package, with all the possible accessories, user’s guides and brochures in accordance with the conditions provided for at the article Returns, to the following address:
LUCID DREAM SAS
675 chemin du Périgord
ZA de Fontvert
84130 LE PONTET, France
In that case, the customer can ask for a refund or an exchange of products, in a 30-day maximum delay from the moment of the exercise of the withdrawal right.
Returns
The customer has 30 days from the moment the package has been received to return an item that wouldn’t fit, no matter the means of delivery chosen.
The item must be returned in its original and unsealed package.
The items that will have been worn, damaged, stained or that will have been obviously and abusively returned, will not be taken back. In that case, the package will be at the customer’s disposal during 30 days. The customer will be able to ask LUCID DREAM SAS Customer Service in writing of the forwarding of their package, at LUCID DREAM SAS’s expense.
Any risk linked to the return of the package is the customer’s responsibility.
The customer can ask the refund of an item by sending it back, at their expense, in a sealed package and with the refund form given by the Customer Service to the following address :
LUCID DREAM SAS
675 chemin du Périgord
ZA de Fontvert
84130 LE PONTET, France
The customer will be refunded on the basis of the price charged on the summary of the order and of the preparation and delivery fees actually paid by the customer, in an average time of 8 business days, from the date the package has been received by LUCID DREAM SAS.
Transfer or property/Transfer of risks
The transfer of the property of the products to the benefit of the customer will solely be done after full payment by the latter, and this no matter the delivery date of these items.
However, the transfer of the losing and damaging risks of the items will be done as soon as the items are delivered and received by the customer.
Warranty
All the items proposed for sale on the website www.cryoshok.fr benefit from the legal warranty against hidden defects provided in articles 1641 et seq., and in article 1648 of the Civil Code.
LUCID DREAM SAS pledges to refund the customer or to exchange any item that seems to be defective or damaged in a 6-month time following the reception date or the order collection by the customer.
In the case of an obvious mistake attributable to LUCID DREAM SAS, and more particularly in a case of non-conformity of the received items compared to the ordered items (mistakes in sizes, colours), the customer must contact the Customer Service that will draw up a pre-paid label for the return (or the exchange) of their non-conforming package.
LUCID DREAM SAS reserves the right to refuse any refund demand that would be obviously abusive or done outside the allotted time.
Complaints / Information
For any information, complaints or questions regarding these Terms and Conditions or the goods proposed for sale on the website www.cryoshok.com, the customer is asked to address themselves to LUCID DREAM SAS Customer Service by email at techweb@cryoshok.com specifying the order number.
Responsibility
LUCID DREAM SAS’s responsibility cannot be held liable:
- for the non-execution of the contract in the event an item runs out of stock in a case of force majeure, of disruption or of a full or partial strike, in particular of the postal service and means of transportation and/of communication ;
- of any damage resulting from the use of the Internet network such as the losing of data, intrusion, virus, failure of the service or other involuntary problems;
- of the contents of the websites to which hypertext links can redirect from its own website.
Intellectual property
All the elements of the website of LUCID DREAM SAS company are and stay the exclusive copyright of LUCID DREAM SAS and CRYOSHOK.
The customer is not allowed to reproduce, exploit, transmit or use on any grounds, even partially, elements of the website, either software, visual or sound.
Copyright
All text, images, graphics and the internet website template as well as the graphic design charter of this website are protected by the intellectual property law.
It is prohibited to copy, extract, transmit, modify or adapt the content of this website. The downloading as well as the printing of the text, images or graphic elements is allowed for private use only and not commercial use. The reproduction of graphics, images, audio material, video sequences and texts in other electronic or printed publication requires LUCID DREAM SAS’s prior written consent. The lack of an authorisation is punished as a forgery offence.
Brands
The brands and logos on the website are registered and protected trademarks.
Any total or partial reproduction of these brands and/or logos, done from the elements of the website without LUCID DREAM SAS’s express permission is constitutive of a forgery punished by articles L.335-2 et seq. of the Intellectual Property Code.
Databases
The databases drawn up by LUCID DREAM SAS are protected by copyright as well as by the law of July, 1, 1998 which bears the transposition into the Intellectual Property Code of the European directive of March 11, 1996 regarding the legal protection of databases.
Any extraction can solely be limited and done for personal use.
Hypertext links
Any simple or hypertext link is strictly prohibited except if there is an explicit and written agreement from LUCID DREAM SAS.
Personal data
The consultation of the website www.cryoshok.fr does not request a registration or an identification with LUCID DREAM SAS.
However, the registration data as well as the IP addresses directly collected by the website www.cryoshok.com during the browsing on the website are treated in compliance with the principles of personal data protection defined by the law in force.
As far as the firm LUCID DREAM SAS’s Internet offer allows for the possible introduction of personal or commercial data, the data given by the user are expressly done on a voluntary basis. LUCID DREAM SAS expressly declares that the aforementioned data will solely be use for its personal use and the use of its commercial partners. All the indications will be confidentially treated in compliance with the legal dispositions in law regarding the protection of data.
In accordance with articles 38 to 40 of the law n°78-18 of January 6, 1978, modified by the law n°2004-801 of August 6, 2004 regarding information technology, files and liberties, the User, or the Customer has a right to access, rectify, modify or cancel the data that are theirs.
This right can be carried out in the following manner :
By mail, for the attention of : techweb@cryoshok.com
Filing
In accordance with the dispositions of article 1348 of the Civil Code,LUCID DREAM SAS carries out the filing of purchase orders and bills on a reliable and durable storage device, thus making a faithful copy.
In accordance with the dispositions of article 132-4 of the Code of Consumption and of the decree of February 16, 2005, the orders which are over 120€ are filed and kept by LUCID DREAM SAS during 10 years.
The firm LUCID DREAM SAS’s computerised registers will be considered by LUCID DREAM SAS and the customer as proofs of the communications, orders, payments and transactions that occurred between LUCID DREAM SAS and the customer.
Disputes
These online Terms and Conditions are subjected to the French law.
Any dispute that will not possibly be solved by an amicable agreement will be brought in front of the court of the competent jurisdiction of the firm LUCID DREAM SAS’s head office.
Cookies
In this on-line store cookie information about your basket contents will be stored and may be consulted during your next visit. If you register on our website or send in an order, your client data will be saved. Data saved in a cookie will allow you to avoid filling out the form each time you visit. Cookies expire after six months. You have the possibility of programming your browser to accept or to block cookies for this website.
Use of Cookies
Occasionally we may collect information about your computer systems during your visits to our website. This allows us to improve our service and to provide statistical information about the use of our website to our advertisers. This information is used for gathering statistics about our visitors and the use of our website only and is in no way used for identifying your personal data.
In addition to the use of cookies, we may occasionally gather information about the way you use internet in general. When they are used, the cookies are automatically downloaded onto your computer. The cookies contain data which is saved directly onto your computer’s hard drive. They enable us to improve our website and the services that we offer.
You may, however, refuse that cookies be saved. This procedure may be done by modifying the options of your internet browser. By deleting cookies you may no longer have access to certain parts of our website.
Our advertisers sometimes use cookies over which we have no control. The cookies (if used) are downloaded when you click on the ads appearing on our website.