These general terms and conditions of sale apply to all orders placed on the cubjeans.com website and directly with the company BUREAU INDIGO / CUBJEANS SAS with capital of 10,000 euros, whose registered office is at 21 place de la République, 75003 Paris (France), registered under number B 532 611 282 RCS Paris, SIREN number: 532611282, Intracommunity VAT number: FR00532611282. BUREAU INDIGO / CUBJEANS reserves the right to adapt or modify these general terms and conditions of sale at any time. In the event of modification, the general conditions of sale in force on the day of the order will be applied.
1. CREATING AN ACCOUNT
Validation of orders is subject to acceptance by BUREAU INDIGO of the Individual customer account.
It is possible for a customer to order as a guest
2. PRODUCT INFORMATION AND AVAILABILITY
2.1 All offers of products, services and delivery terms, at the prices indicated in Euros, are valid in mainland France while stocks last. For orders from the European Union, the VAT rate applied is the same as that for France. The cost of delivery will be indicated when you choose your delivery fashion. If you have any questions about delivery costs, please refer to point 12. For all requests concerning delivery outside zone A countries (European Union, Switzerland and Norway), please contact us.
The items we sell are described and presented as accurately as possible. If, despite all our precautions, errors should occur, particularly with regard to recommended measurements, we cannot be committed in any way. The pictures representing the products are only indicative due to the alterations that may exist as a result of their transcription on the site. Except in the case of a guarantee, any transaction between cubjeans.com and its customers that is not contested within 14 days of delivery cannot give rise to a claim.
2.2 The company BUREAU INDIGO / CUBJEANS presents on Cubjeans.com products for sale with the characteristics necessary to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know the essential characteristics of the products he/she wishes to purchase before placing a final order.
2.3 The offers presented by the company BUREAU INDIGO / CUBJEANS are only valid while stocks last. In the event of unavailability of the product ordered, notably due to our suppliers, the consumer will be informed as soon as possible and will have the possibility of cancelling his/her order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment at the latest, or an exchange of the product.
2.4 At any time, BUREAU INDIGO / CUBJEANS reserves the right to modify or no longer market the products offered on the Site. However, these modifications will have no effect on orders placed on cubjeans.com prior to the entry into force of these modifications.
3. ORDER VALIDATION
Customers wishing to purchase a product or service must :
- fill in the identification form giving all the contact details requested, or identify themselves if they are already a customer;
- fill in the online order form, giving all the references of the products or services chosen;
- confirm their order after checking it;
- make payment in accordance with the terms and conditions;
- confirm their order and payment.
Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgement that you are fully aware of them and waiver of your right to invoke your own terms and conditions of purchase or any other terms and conditions. All the data supplied and the recorded confirmation will be deemed proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out. The company BUREAU INDIGO / CUBJEANS will send confirmation of the registered order by e-mail.
4. ORDER
The order can only be registered on the site if you have clearly identified yourself by creating an account on cubjeans.com or by filling in all the contact details, surname, first name, valid email address and mobile phone number (in the case of a ‘guest fashion’ order). Any order implies acceptance of the prices and description of the products available for sale. The contract is formed when your order is confirmed. As soon as your order has been confirmed, it will be sent to our logistics department for processing. Within the hour, you will receive an automatic e-mail acknowledging receipt of your order. However, you can obtain information about your order at any time by going to my account - my orders - on the cubjeans.com website, or by email to contact@cubjeans.com
or by post to Bureau Indigo / CUB (ABC), 21 place de la République, 75003 Paris (France)
5. PRICE
Prices are given in euros and include the current French VAT.
The merchant reserves the right to modify its prices at any time, it being understood, however, that the price shown in the catalogue on the day the order is placed will be the only price applicable to the purchaser. The prices indicated include order processing costs, but do not include transport and delivery costs (see delivery conditions in point 12).
6. TERMS OF PAYMENT
6.1 BY BANK CARD
Payment shall be made in cash when the order is placed by bank card (Mastercard, Visa, CB), without discount. Bank cards must come from French banks or be accepted by the LCL collection system.
The transaction is secure. SSL encryption is provided by our banking partner LCL. For optimum security, Customers enter their bank card details on the site of our banking partner LCL and not on the www.cubjeans.com website. Thus, at no time do the Customer's bank details pass through the Bureau Indigo, CUBjeans computer system.
A refusal of authorisation by the banking centre implies the cancellation of the order ipso jure and without compensation. If an incident occurs during the registration of the order, the order shall be null and void and the Customer must repeat the ordering procedure.
6.2 BY CREDIT CARD VIA PAYPAL
Payment is made via the secure bank server of our partner (Paypal). This means that no banking information concerning you is transmitted via the cubjeans.com website. Payment by credit card is therefore perfectly secure; your order will be recorded and validated as soon as the bank accepts your payment. Your credit card details are encrypted using SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly to the bank. BUREAU INDIGO / CUBJEANS has no access to these details and does not have them on its servers. This is why you are asked for them again each time you make a new transaction on our site.
6.3 BY PAYPAL ACCOUNT
Payments can be made from Paypal account to Paypal account using the Paypal secure payment platform. If you have a Paypal account and you select this method of payment, you will be redirected to a Paypal window (secure and independent of the CUBjeans.com site), after identification you will be able to validate your payment.
Work Indigo CUBjeans does not receive or have any information related to your paypal account.
6.4 BY STRIPE
Customers may pay for their purchases using the Stripe payment service. Card details are secure and are not stored by CUBjeans.
6.5 BY APPLE PAY
Customers may pay for their purchases using the Apple Pay payment service. It is the customer's responsibility to check that the contact details and delivery addresses provided at the time of payment are correct and complete. No account is created when using this payment fashion.
6.6 BY BANK TRANSFER
Customers may pay for their purchases by bank transfer. Simply select the ‘payment by bank transfer’ option available on the payment page. All the details for making the transfer will be indicated on the order form (RIB Indigon work for French transfers, IBAN and BIC code for European transfers). Once your order has been confirmed, simply transfer the amount due to the Bureau Indigo account, specifying the order number under the heading. Any transfer fees shall be borne by the Customer.
6.7 RETENTION OF TITLE CLAUSE
The products remain the property of BUREAU INDIGO / CUBJEANS until full payment of the order has been received by BUREAU INDIGO / CUBJEANS (law 83 335 of 12/05/1980).
6.8 NON-PAYMENT
BUREAU INDIGO / CUBJEANS reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
6.9 ANTI-FRAUD CONTROL
BUREAU INDIGO / CUBJEANS checks all orders that have been validated on its cubjeans.com site. These controls aim to protect BUREAU INDIGO / CUBJEANS from abusive practices operated by fraudsters. Within the framework of these procedures, our services could be brought to ask you all the documents necessary to the release of your order for the private individuals: proof of residence and debit in your name, etc. These requests are made by electronic mail, then by mail with acknowledgement of receipt.
7. DELIVERY TERMS AND DEADLINES
BUREAU INDIGO / CUBJEANS subcontracts storage and shipping to ColiBack, which commits to processing customer orders no later than the day after the order is placed, Monday to Friday.
7.a When the customer orders several products at the same time and these have different shipping times, the shipping time of the order is based on the longest time. However, work Indigo CUBjeans reserves the right to split shipments. The contribution to processing and shipping costs will only be invoiced for a single shipment.
7.b Delivery times are given as an indication only.
No compensation may be claimed if an item cannot be delivered: either as a result of an unforeseen manufacturing stoppage, or as a result of strikes, accidents, natural disasters, the impossibility of obtaining supplies or any other causes beyond our control.
7.c Bureau Indigo CUbjeans cannot be held responsible for the consequences of late delivery. As long as the product has not been dispatched, the customer may always cancel the order and Bureau Indigo CUBjeans will refund the customer as soon as possible.
In the event of late delivery, the product having been shipped, the customer may also cancel the order and request a refund of the product. In this case, if the customer has received the product after the cancellation of the order, Bureau Indigo CUBjeans will refund the product upon receipt of it, complete and in its original condition.
In the event of a delay in receipt, the customer shall contact CUBjeans who will initiate a search for the parcel by the carrier via ColiBack and will start an investigation. A carrier investigation can last up to 21 days from the date the investigation is opened. If the product is found during this period, it will be redirected to the customer's relay point or home address according to the carrier. If, on the other hand, the product is not found at the end of the 21-day period, the carrier will consider that the parcel has been lost. The customer will have to provide a sworn statement and a copy of his/her ID to Work Indigo CUBjeans, which will send a replacement product at its expense.
Work Indigo CUBjeans accepts no responsibility for longer delivery times due to the loss of an initial shipment or in the event of a waiting period for a replacement order.
If the package is not collected within the time limit set by the customer, it will be returned to the sender. In this situation, part of the costs committed to processing the return (verification of the package, restocking, preparation of a new order, as well as shipping costs) will be borne by the customer. This also includes any customs fees.
8. SATISFIED OR EXCHANGED, OTHERWISE REFUNDED
In order to ensure your complete satisfaction, BUREAU INDIGO / CUBJEANS is committed to exchanging for private individuals any item that is subject to a problem of size, fitting or satisfaction. You have 14 days, after receipt of your order, to request the exchange or refund of unworn items. Please make sure that products that do not fit (see point 12) are folded as delivered: folded in 4, back pockets visible, in the plastic bag with all the labels on the product, in their original packaging.
Items that have been damaged or for which the labels and brand information are missing cannot be taken back.
8.1 The exchange is free for products purchased from France, Luxembourg, Belgium, you are invited to check if your country is part of the list in the tab ‘shipping and returns’, you do not pay a new flat rate contribution to shipping costs.
Contact Bureau Indigo, CUBjeans by email contact@cubjeans.com or via the contact form on cubjeans.com or by telephone +33 6 50 87 98 50 to check the availability of a suitable product.
8.2 For other customers, once the replacement style has been identified, the product is returned via the Coliback portal. As soon as Coliback receives the product to be exchanged, the customer is notified by email. After Coliback has checked the conformity of the product, the ok is given to Bureau Indigo / CUBjeans to start the preparation and dispatch of the replacement product within a few days or the ok is issued for the credit note or the refund of the product, depending on the customer's choice.
8.3 In the event of a return for refund requested by a customer located outside Europe, any customs charges relating to the return may be deducted from the amount of the refund.
8.4 Legal warranties :
Irrespective of after-sales service, Bureau Indigo CUBjeans remains liable for defects in the conformity of the Products and for redhibitory defects under the conditions set out in Articles L. 217-4 et seq. of the French Consumer Code and Articles 1641 of the French Civil Code.
All our products are covered by the legal warranty, provided that they have been used normally and that the maintenance instructions have been followed.
When acting under the legal conformity guarantee, the Customer :
- Has a period of two (2) years from delivery of the Product to take action;
- May choose between repairing or replacing the Product, subject to the cost conditions set out in article L217-9 of the French Consumer Code;
- Is exempted from proving the existence of a lack of conformity of the Product on the date of its delivery when this defect appears within twenty-four (24) months of said delivery.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code and, in this case, may choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
The seller shall deliver goods in conformity with the contract and shall be liable for any defects in conformity existing at the time of delivery.
Article L217-4 of the French Consumer Code:
The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L217-5 of the French Consumer Code:
The goods conform to the contract:
- 1º If it is fit for the use normally expected of similar goods and, where applicable :
- - If it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or style;
- - Whether it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
- 2º If it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the French Consumer Code:
Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Article 1641 of the French Civil Code:
The seller is ensured of any hidden defects in the item sold which render it unfit for the use for which it was intended, or which reduce this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if he had known of them.
Article 1648 paragraph 1 of the French Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
9. OBLIGATIONS UNDER THE ‘DATA PROCESSING AND FREEDOMS’ LAW
The cubjeans.com website has been declared to the CNIL under reference 1619832.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify and object to any personal data concerning you collected in the course of our exchanges and which is necessary for processing your order and managing our commercial relations.
10. LIABILITY AND SETTLEMENT OF DISPUTES
10.1 BUREAU INDIGO / CUBJEANS may not be held liable for any inconvenience or damage relating to the use of the Internet network, such as, in particular, a break in service, the presence of computer viruses or external intrusions, or, more generally, any event qualified by the courts as force majeure.
In the event of a dispute, an amicable solution will be sought.
Mediation
In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.612.2 of the Consumer Code, has the right to submit a request for amicable resolution through mediation, within a period of less than one year from his written complaint to the professional.
Bureau Indigo CUBjeans has designated SAS Médiation Solution as its consumer mediation body by means of a membership registered under number 11294/OC/2203.
To refer the matter to the mediator, the consumer must make his or her request
- Either in writing to
Sas Médiation Solution
222 chemin de la bergeri
01800 Saint Jean de Nios
Tel. 04 82 53 93 0
- Or by e-mail to: contact@sasmediationsolution-conso.fr
- Or by completing the online form entitled ‘Contact the mediator’ on the https://www.sasmediationsolution-conso.f website.
Whichever method is used, the request must contain the following information
- The applicant's postal address, telephone number and e-mail address
- The name, address and Sas Médiation Solution registration number of the professional concerned
- A brief statement of the facts The consumer will specify to the mediator what he or she expects from this mediation and why.
- A copy of the prior complaint
- all documents needed to investigate the claim (order form, invoice, proof of payment, etc.).
10.2 The customer is responsible for maintaining the confidentiality of his/her account and password and shall be fully responsible for all activities and transactions that occur under his/her account or password. The customer commits to inform BUREAU INDIGO / CUBJEANS immediately of any unauthorized use of his/her account or password. The customer is obliged to ensure that all data communicated is complete and accurate and commits to informing BUREAU INDIGO / CUBJEANS of any modifications to his data. The client may access and update his/her data in the ‘my account’ area of the cubjeans.com website, which reserves the right to suspend or terminate a client account at any time.
11 COPYRIGHT
The www.cubjeans.com website, its text content and graphic elements are the property of BUREAU INDIGO / CUBJEANS. Any reproduction, even partial, of elements of the cubjeans.com site requires the prior written consent of S.A.S BUREAU INDIGO.
12 DELIVERY
12.1 Processing your order
Orders are generally dispatched the day after your order is registered (Monday to Friday).
12.2 Shipping
Your order will be dispatched by Shop2shop, Mondial relay, DPD, Colissimo, Delivengo and any other carrier proposed at the time of your order, depending on the country. Delivery times are given as an indication when the order is placed.
It is the purchaser's responsibility to check the delivery times on arrival, to exercise any recourse against the carrier within the required time limits, and to send any complaint relating to the quantities or condition of the goods supplied to the seller within 48 hours of delivery. The seller reserves ownership of the goods until full payment has been received.
12.3 : Obligation to check orders on receipt
On receipt of the parcel, it is possible that one of the Products is missing despite the care taken when dispatching orders.
For this reason, upon receipt of the order, the customer must check that the Products received are in order. Any anomaly concerning the delivery (deteriorated or missing Product, damaged parcel) will have imperatively to be notified quickly, at the latest the third working day following the reception, to the customer service of the company Bureau Indigo CUBjeans by letter addressed to :
Bureau Indigo CUB (ABC), 21 place de la République
75003 Paris
or by e-mail using the Contact form available on the Site or directly at contact@cubjeans.com
or by telephone on (+33) 06 50 87 98 50, Monday to Friday, 11am to 5pm.
Any claim made after this time will be refused and Bureau Indigo CUBjeans will be released from any liability.
13 PROCEDURE FOR RETURNING GOODS FOR EXCHANGE OR REFUND
See the dedicated page here
13. a: procedures for exercising the right of withdrawal on the distance selling site
The withdrawal period is 14 days The 14-day period begins the day after the contract is concluded or the goods are delivered. If this period expires on a Saturday, Sunday or public holiday, it is extended until the first working day: Corresponding to all days of the week, with the exception of the weekly day of rest (generally Sunday) and public holidays not usually worked in the company following. Simply returning the goods without making a declaration or refusing to take delivery is not sufficient to express your wish to withdraw.
You do not have to give reasons or justification for your decision
You must be able to provide evidence that you have exercised your right of withdrawal. In the event of a dispute, you will have to prove that you complied with the withdrawal period.
Effects of the right of withdrawal
The main contract and contracts ancillary to the main sales contract are terminated
You must return the product to
Work Indigo, CUBjeans will reimburse you in full for all sums paid at the time of ordering, including delivery costs.
Product return
If you decide to return the product by your own means, contact us (e-mail: contact@cubjeans.com) for confirmation of the return address.
You must return the goods to Bureau Indigo within 14 days of sending your cancellation notice. Attention For your return to be accepted, it is imperative that all labels are present on the product. We will not accept products that are worn or for which the product markings (labels ....) are missing. Under no circumstances can BUREAU INDIGO / CUBJEANS be held responsible for the loss or deterioration of returned or exchange packages.
You must pay the following amounts
- Direct return costs (for all orders of promotional products or products delivered outside mainland France) unless Bureau Indigo, CUBjeans specifically informs you that this cost is to be borne by you.
- Additional charges for delivery of goods if you have chosen a more expensive fashion of delivery than that offered by the seller. For example, if you choose express delivery within 24 hours when CUBjeans Indigo Work offered a less expensive fashion delivery, the difference in cost between these 2 types of delivery will be charged to you.
- In case of return of part of the original order, Bureau Indigo CUBjeans will refund the delivery charges of the original order according to the items kept if the delivery was not free.
Reimbursement by the professional
Refund period
Work Indigo CUBjeans will reimburse you for the products purchased no later than 14 days following the date on which it was informed of your decision to withdraw, unless there is a justified delay.
However, the seller may postpone the refund until the day of collection of the goods in order to check their condition.
Please note: the use of gift vouchers makes it impossible to reimburse them in cash.
13.b: Withdrawal form
(Please complete and return this form by email or post only if you wish to withdraw from the contract.
For the attention of CUBjeans Bureau Indigo (ABC), 21 place de la République, 75003 Paris, France), contact@cubjeans.co
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of the services (*) below
Ordered on (*)/received on (*)
Name of Customer(s)
Address of Customer(s)
Signature of Customer(s) (only in the case of notification of this form on paper)
Date
(*) Delete as appropriate
14 CLAIMS
Applicable law and jurisdiction
These terms and conditions are governed by French law. The competent court in the event of a dispute shall be that of the defendant's place of residence in accordance with article 42 of the new code of civil procedure or, at the choice of the plaintiff, the place of actual delivery of the product in accordance with article 46 of the said code.