GENERAL TERMS AND CONDITIONS OF SALE
Please thoroughly read the General Terms and Conditions of Sale and the General Conditions of Use encapsulated below in order to proceed with the use of the Cuvierr.com website. You may also, print the complete text by selecting the following hyperlink.
Identification of Seller
The following General Terms of Conditions of Sale are those of CÙVIERR EXCLUSIVE RETAIL SRL, a limited liability company, with the headquarters registered at Constanta, Strada JUSTITIEI, Nr. 24, Building Nr.5, registered with the EU Trade and Companies Registry under number J13/2323/21.08.2018 and its EU VAT 39767328.
Introduction
The Terms and Conditions of Sales and any published documentation or policies to which a hyperlink is presented with in (hereafter referred to as “TERMS”), specified the terms of use that is applicable to Cuvierr.com. With these terms CÙVIERR EXCLUSIVE RETAIL SRL is referred to as “Cùvierr/We/Us”. If one my acquire additional information with regards to the website or the Terms, or in the unlikely event that one may have any complaint or feedback concerning any of the enlisted products personally purchased directly through the official website you may contact
us at Sales@cuvierr.com.
Website Utilization
3.1. The Terms and Conditions are applicable to one’s sole access and use of the website, which includes all online orders submitted personally for any of the products or services provided by us for purchases through the official website. Upon accessing he website one agrees to the said Terms and Conditions and we henceforth advise one to thoroughly read these Terms and to print and save these Terms for future reference. If a disagreement with these Terms may arise, immediately cease of use to the website is recommended. CÙVIERR EXCLUSIVE RETAIL is entitled by its own rights to update and revise the said Terms and Conditions of Sale whenever it sees fit. The revised version of the Terms and Conditions of Sales may be viewed by clicking on the “Terms and Conditions” hyperlink.
3.2. It must be noted that these Terms do not have any implications on the consumer’s statutory rights. For more information on consumer statutory rights, please contact your national Trading Standards Office or the equivalent office in the concerned country.
3.3. You, as the final consumer willingly agree that the information provided by yourself during the registration process on the website is accurate to the best of your knowledge and is not misleading in any way.
3.4. We have the full authority to alter, withdraw, or suspend access to the website (may it is in whole or partially and temporarily or permanently) with or without providing prior notice and no liability to the user.
3.5. The website may incorporate links to other websites or resources. Cùvierr has no influence over the content published by linked websites, thus you agree that, should you enter a linked website through a link found on the website, Cùvierr hold no responsibility for the availability of the linked website, and is not liable for the material presented by the linked website in any way, including, but not limited to any products or services presented on the linked website, other advertisement or content on such linked websites or what they make of your personal information. In addition Cùvierr holds no responsibility for damage, loss, or offense inflicted by or associated with the use or trust of such linked websites thereon.
3.6. Cùvierr in its own rights is permitted to restrict or deny access to the website at any time in its sole discretion. Restriction of access to the website may occur if we believe that the use of the website is in violation of any of the set Terms and Conditions, any law or legal right of any third party or show of disrespect to others is detected.
3.7. Cùvierr has the authority to dispose of any content or post you make on the website in Cùvierr’s sole discretion.
3.8. Cùvierr may provide visitors of its website the option to confirm the availability of products offered on the online Cùvierr store. The function may not be made available for products classified by Cùvierr as exclusive. The displayed stock quality will be updated on regular basis but it does not guarantee that the items checked will be available at the time of checkout. We regret to inform customers that the
function of reserving products on the website is not available.
Product Purchase
Upon placing a pre-order for an exclusive Cùvierr product(s) which are made available to pre-order on the website, the following sections 4.1 to 4.7 below may be superseded by or apply in addition to specific terms relevant to such products as specified in section 5 of the Terms and
Conditions.
4.1. ORDER ACCEPTANCE
4.1.1. Information found on official website should be received solely as an invitation to treat and is not under any circumstances an offer or unilateral contract. Customers agree that the order placed is an offer to purchase the products mentioned in the
order (referred to as “Products”) from Cùvierr on the Terms and Conditions. Any orders placed are subjected to preliminary acceptance by us. Cùvierr may not
accept orders placed by customers in its own discretion for whatever reason it may be without liability to the customer, unless statutory law does not permit so.
Enlisted are cases in which we may not accept customer orders:
a) If products are displayed on the website but are not physically available (due
to system malfunction) or priced incorrectly or the description is not shown
correctly;
b) If we fail to obtain required payment authorisation;
c) If an individual product is ordered multiple times where such products are
to be shipped to a single customer or delivery address;
d) If shipping restriction occurs to an offered product; or
e) In the case where the delivery address provided is the address of an individual or entity which provides freight forwarding facilities.
4.1.2. An order acknowledgement and confirmation email will be sent after placing an order to us, where the email will include a unique order number and details of the product(s) ordered. It must be noted that the email will be an acknowledgement that Cùvierr has received the order and under no circumstances should it be considered as an acceptance of the order. Cùvierr’s acceptance of an order and the formation of a sales contract between us and the customer will only occur if a dispatch confirmation email has been sent by us. Please note that the store collection option is only available in certain countries. We become under legal duty to deliver customers with the goods in conformity with the contract once the sale contract is entered.
4.1.3. When a customer orders from the website for the first time, an option to register with us will be offered and where the customer will be requested to complete specific required fields on a digital order form. It may be requested that customers use unique identification usernames and passwords (“Secure Access”) in order to obtain access to certain areas of the website, such as “My Account” platform on the website. It is the customer’s sole responsibility to ensure that such Secure Access is kept confidential and protected under any circumstances, in the case of a breach in the customer’s Secure Access through the use of the correct identification we are not liable. You as the customer shall comply with all security guidelines and references provided by us and should notify us of suspicious behaviours or suspect any unauthorised application of the Secured Access or your Secure Access details become accessible to any unauthorised party. Access to the website may be suspended without prejudice to our own rights, if we find that the action is necessary for the protection of the website.
4.1.4. As a result of prolonged inactivity on the website connection may automatically fail, thus leading to a loss in goods selected or placed in the Shopping Cart. Given this case, the customer will be requested to re-select the products and place them in the Shopping Cart. It must be kindly noted that items placed in the Shopping Cart are not reserved and may be purchased by other customers.
4.1.5. A review option will be presented to customers upon submitting an order permitting
the customer to verify their orders and the total and ensure that the order is correct and free of errors or misconception.
4.1.6. The orders will be proceeded once payment authorisation is obtained, and only when
the item is dispatched will the account be charged for the purchase. With regards to orders from the exclusive line or when unique artworks have been requested, the payments shall be taken in advance, when or shortly when the Cùvierr’s فنانين) Artists) have received the request.
4.1.7. Slight variations, whether in the manufacturing processes applied or the display properties of the computer hardware used to view the products on the website, or both, may result in the measurement, design, colour and fabric of the items showcased on the website and the goods delivered to you, the customer, may vary in appearance in minor aspects.
4.1.8. It must be noted that Cùvierr does not approve orders in which the corresponding shipping address provided is that of an individual or entity offering freight forwarding services. In the event that an order is put forth and we become aware that the corresponding shipping address for such order is that of an individual or entity offering freight forwarding services, we are permitted to terminate such order upon notice to you telephonically or by email.
4.2. PRICES
4.2.1. Product prices found on this website are the prices products only, with an exception to the exclusive collection where the price of product is set at a standard and additional incurred cost is implemented based upon the size and type of customization. Prices include any VAT or other sales tax payable. We will strive to bring to your attention if the price exhibited is not fully inclusive of any customs tax or duties for shipping, if applicable. For Information regarding Shipping Locations, Costs and Delivery Durations.
4.2.2. We seek to ensure that the pricing information presented on our website is accurate. However, there may be some cases in which an error may occur where products may be mispriced. In the case where the product’s actual price is lower than the price listed on the website, with respect to our right to reject an order pursuant to Section 4.1.1 (a), we will charge the lower sum and deliver the product. If the product’s actual price is higher than the price listed on the website, we will, at our discretion, get in contact with you, the customer, and request whether you wish to proceed with the order at the actual price or cancel the order and notify you of such cancellation. Cùvierr will not be liable to supply products at an incorrect price. If we have taken an advanced payment (for exclusive products) in circumstance where pricing information is incorrect, we shall endeavour to provide a complete refund of payment at the soonest only if the good has not yet been dispatched.
4.2.3. Cùvierr has the right to change the prices of products on the website under its own
discretion without having to provide any notice, however such changes will not be applicable to items ordered and a dispatched confirmation email is sent.
4.2.4. It must be noted that with the exception of some countries, additional duties may be payable to local taxation authorities upon receiving an order. It will be the customer’s sole responsibility to cover the payment of any sort of taxes or duties. Consideration should be made that we have no control over such charges thus we are unable to predict their sum. We request that customers contact their local customs office for further information prior to placing an order. In addition, customers must comply with all applicable regulations and laws of the destination country where the order is dispatched. Cùvierr will not be held liable for any breach of such laws.
4.3. TERMS OF PAYMENT
4.3.1. The displayed total cost of the order will be the final purchase price of the product(s),
including any additional incurred costs such as shipping charges, embossing and handmade artwork. Read more about Delivery Time Cost and Shipping Destinations.
4.3.2. Accepted payment methods and more information about when orders are charged
may be found in the Payments section of the website.
4.3.3. Please be informed that we process payments in the currency specified for the country in which the order is shipped to.
4.3.4. You the customer confirm that the utilized debit/credit card or any payment method for the purchase of any product on this website is under your ownership and that the details provided to us with respect thence including, but not limited to, name and shipping/billing address details are filled out, accurate and correct. Furthermore, you confirm that the debit/credit card is valid and the payment details entered are correct. Payment count holders and debit/credit cardholders are all subjected to authorisation and validation inspections by payment provider or card issuer. If the issuing bank or the provider of the payment rejects a payment or declines a payment authorisation we will be unable to accept your order and we will not be held responsible for any non-delivery or delay with your order and we are not obligated to notify you for the reason for the decline.
4.3.5. Cùvierr will not be liable for any additional incurred charges which may be applied by the bank or card issuing body or payment provider resulting from our processing of your debit/credit card payment or any other payment method regarding your order.
4.3.6. In the case that the debit/credit card or the payment method has not been denominated in the currency in which the purchase is made in via our website, the total price may be withdrawn in the origin currency of the bank account. Such cost is calculate and charged by the bank or card issuer or payment provider thus we shall not be liable for any incurred expenses, cost, charge or any other legal responsibility as a result of your payment provider or card issuing body charging you in a currency different to that of the currency that the purchase is done in or displayed on the website.
4.4. INVOICING
4.4.1. Where Cùvierr sees fit, or obligated by applicable law, to generate or make available an invoice, we reserve the rights to generate or make available electronic invoices and you the customer give your full consent to such form of invoicing.
4.4.2. Our company is financially registered in Constanta, Romania, therefore 19% VAT is included in the prices of the products that are ordered from Romanian territory. For orders from any other EU countries or NON-EU countries an 0% VAT is applicable.
4.5. DELIVERY AND RISK
4.5.1. Orders received will be shipped to the address that has been provided on the order form. We will not be held responsible in the case where the shipping address is inputted incorrectly or incomplete. It must be noted that delivery to PO boxes is done under certain circumstances and under the verification of our delivery company. In addition, there may be restrictions on the locations we deliver purchased products from the website to.
4.5.2. Once the preferred delivery method is selected from the range offered for the shipping destination and the supplied order has been accepted by us, the order shall be processed by our team and we will aim to dispatch the order in convergence with the expected delivery times highlighted at Delivery Time Cost and Shipping Destinations or as specified otherwise during the checkout process prior to order submission. It must be noted that there may be some exclusions or restrictions with respect to specific addresses in countries we ship to. These are not certainly confirmed and may vary from time to time depending on the current conditions. We will seek to alarm such restrictions but this may not be done until we receive an order. Any orders received post “cut off” or after the “last order” indicated timeframe or received on a none working day (those are days on which banks are operational in the country of Romania which is not a Saturday or Sunday, will be processed on the following working day). Delivery days will be estimated from the date which the order is received, unless otherwise notified. When the delivery service has been selected and the order has been received and authorised by us, the only solution that may be provided by Cùvierr in the case where we fail to dispatch the order in time for delivery within the applicable calculated delivery time with respect to the shipping destination shall be under your rights as the customer to withdraw the relevant order and request a full refund of the complete payment made to us given you have not received the product (this excludes exclusive and customised products).
4.5.3. Upon receiving the delivered product all risk of loss or damage to the product shall be passed over to the customer. In the event that the customer chooses to make the purchase online and collect the product at the Cùvierr store, when applicable, the risk
of loss or damage of the product shall be passed over to the customer upon handing the product to the customer or by a third party sent by the customer to collect.
4.6. RETURNS AND CANCELLATION
4.6.1. Should you wish to return or cancel any of the ordered products, you may do so incompliance with Cùvierr’s Returns and Cancellation Policy. The Policy for Returns and Cancellation has no affect on the consumer statutory rights, including, where relevant, your legal rights under appropriate distance selling legislation or electronic-commerce regulations in the parameters to which the goods are dispatched. For information on the consumer statutory rights, revert to the local Citizens Advice Bureau or Trading Standard Office or the equivalent authorities in the respective country (if any).
4.6.2. In the event that you the customer return the product, in compliance with the regulator policy, we will issue you a full refund once the product is returned to us at your own cost (if the product has be delivered), unless stated otherwise in the Returns and Cancellation policy. Cùvierr shall not be liable to any paid duties or taxes made directly to the relevant authorities during the importation of the products returned, or any claims for a refund of such taxes and duties whether such refund is possible or not.
4.6.3. Please note that you will not be entitled to any return or cancellation of any customised or exclusive product once the order is received. However this has no affect on your consumer statutory rights.
4.7. AGE RESTRICTIONS
4.7.1. By placing an order for a product on the website you confirm that you are within the legal age, with respect to the county ordered from, or obtain guardian consent.
- Pre-Ordering Products
5.1. The Terms stated in Section 5 will be applicable to all Pre-Ordered products purchased
online through our official website (as enlisted in Section 5.2 below) and is also applicable to, and in the event of any unforeseen conflict take primacy over, the Terms and Conditions set out in Sections 4.1 to 4.7. In all other conditions Sections 4.1 to 4.7 of the Terms remains applicable in full effect.
5.2. Occasionally Cùvierr sales may send customers invites to pre-order products on the website prior to their release. Customers are given the option to customise their Cùvierr products with exclusive hand painted artworks which shall be pre-ordered on the website. Exclusively customised artworks will be shipped between 4-10 weeks form the
date the order is placed. The dispatch duration is depended on the size and complexity of the desired artwork as well availability of the Cùvierr artiest. Pre-ordered artworks may be amended or rejected by the artist if found inapplicable, however prior to implementing changes notification shall be made and prior customer approval must be obtained.
5.3. With every exclusive product ordered, you agree that the cost will be charged in full shortly after the team receives the request and before beginning the customisation process. Notwithstanding the preceding, your debit/credit card account or other payment method may indicate the deduction of the sale price directly upon placing the order. Please consider that the order is not confirmed until the payment has been withdrawn.
5.4. For exclusively customised products, you may receive artwork which may slightly from what is requested. Regular update with regard to the progress of the artwork will be sent to you to involve in the development of your timeless piece.
- General
6.1. INTELLECTUAL PROPERTY
6.1.1. All “CONTENT” found on the website (including, but not limited to text, graphics, icon, logos, data compilations, images, audio, photograph, music and any combinations), is either licensed or owned by Cùvierr Exclusive Retails, and is protected by applicable copyright worldwide. All rights are reserved.
6.1.2. The Cùvierr brand “TRADEMARK” and all relevant trademarks, whether figurative or not, and all business names, images, illustrations, logos which are visible on the website, products, stationary or packaging whether registered or not are all exclusive property of Cùvierr and are protected by relevant trade mark laws worldwide. All rights are reserved.
6.1.3. Any and all other “INTELLECTUAL PROPERTY RIGHTS” intellectual property rights including, but not limited to, whether registered or not trademarks, designs, patents, copyrights and all trade secrets on or directly or indirectly related to the website, the products, stationary, accessories, packaging or items associated to the products, orders or website are and shall resume as the exclusive property of Cùvierr Exclusive Retail and such intellectual properties are secured by relevant intellectual property laws worldwide. All rights are reserved.
6.2. LIMITED LICENCE
6.2.1. Subject to the terms listen, we permit you, the customer, a revocable, and non-limited licence to access and personally utilize the website with limitation that it does not grant the rights to;
a) Employ the website for any business or commercial functions. The website is for personal use only;
b) Utilizing the website in any way that may affect or damage the image or reputation of Cùvierr;
c) The application of any software robots or other data gathering and abstraction tools, or apply any other action that may inflict an unreasonable hurdle.
6.2.2. Cùvierr, in its sole discretion without prejudice to any entity, may terminate the limited licence enlisted in this section at any time it may see necessary in pursuant to relevant legal laws for any breach of the listed terms or for any reason.
6.3. CONTENT
Cùvierr aims to ensure that any information utilized or posted on the website or any social media platforms is complete and accurate. Nevertheless, Cùvierr does not guarantee that the information found on the website or any social media platform is free of error, Cùvierr does not assure that the functionality of the website or the Content will be entirely error free or that the website, Content or the servers that provide such Content are free of malicious code, software viruses and Trojans or other potentially harmful components. Cùvierr request that all online users make sure to have the latest virus checking programs installed.
6.4. WARRANTY EXCLUSION
Section 6.4 has no implications on the customer statutory rights and, with respect to the products, does not limit or dismiss our liability in any way for the violation of the statutory rights implemented by applicable consumer laws involving correspondence with description, no hindrance and quit possession, brand title, fitness for purpose, adequate quality and correspondence with sample. For information on the consumer statutory rights, revert to the local Citizens Advice Bureau or Trading Standard Office or the equivalent authorities in the respective country (if any).
6.5. LIMITATIONS OF LIABILITY
6.5.1. The content of the Terms and Conditions does not exclude our liability: (i) for fraud or fraudulent misconduct; (ii) for physical injury or death due to negligence; or (iii) for any other liability which cannot be restricted by relevant law.
6.5.2. Subject to Section 6.5.1 listed above, Cùvierr will not be held liable, in each event, whether mentioned in contract, in offense (including, but not limited to, disregard or violation statutory duty), or otherwise however arising out of or in connection with the herein terms for any:
a) loss of reputation or goodwill; or
b) unusual, indirect or significant damages or losses suffered or incurred by you ascending out of or in connection with these terms; or
c) financial losses (including, but not limited to, loss of revenues, profits, income, data, contracts, opportunity, business or anticipated savings).
6.5.3. With respect to Sections 6.5.1 and 6.5.2 the collective liability under these terms of Cùvierr whether incorporated in contact, tort (including disregard) violation of statutory duty or otherwise shall under no circumstances exceed 100% of the price of the product you have ordered from Cùvierr.
Section 6.5 has no impact on your consumer statutory rights. For information on the consumer statutory rights, revert to the local Citizens Advice Bureau or Trading Standard Office or the equivalent authorities in the respective country (if any).
6.6. DATA PROTECTION
When an order is placed you, the customer, agree and apprehend that we may collect, utilise, store and process the personal data inputted in correspondence with the company’s Privacy Statement. Cùvierr completely respects the privacy of every individual who enters and navigates the website. Further details on our cookie usage method, the type of information we collect, how and what purpose we use the information collected and under what event we disclose details, please refer to our Privacy Statement and Cookie Policy which are implemented into makeup part of these Terms and Conditions.
6.7. AMENDMENTS OF TERMS AND CONDITIONS
Cùvierr Exclusive Retail reserve the right to carry out changes of the listed Terms and Conditions whenever seen suitable. The customer, and any contract of sale between us, will be subjected to the latest version of the Terms and Conditions at the moment an order of a product is made.
6.8. UNCONTROLABLE EVENTS
Cùvierr will not be liable for any unforeseen delay or failure to perform or abide by our obligations under these Terms and Conditions if the failure or delay arises from any cause, which is beyond our complete control.
6.9. GOVERING LAW, LEGISLATIONS AND JURISDICTION
The stated Terms and Conditions and all purchase transactions linked to the website are governed by the EU law thus we, and you, hereby yield to the comprehensive jurisdiction of the Romanian courts. This has no affect on your legal rights as a consumer in the area you are located.
6.10. ALL-INCLUSIVE AGREEMENT
6.10.1. The Terms and Conditions and any other document explicitly mentioned in them constitute the entire agreement between us and supersede any prior arrangement, agreement or understanding between us, referring to the subject matter if any contract.
6.10.2. Cùvierr acknowledges that, in alignment with these Terms and Conditions, none of the concerned entities relies on any representation, statement, warranty or assurance of any other entity other than as expressly mentioned in these Terms and Conditions.
6.10.3. Each of the concerned entities concurs that the only remedies and rights available to us arising out of or in relationship with a representation shall be for the breach of agreement as provided in these Terms and Conditions.
6.11. NON-VERBAL COMMUNICATION
It is enforced by applicable law that certain information or communications we provide to you should be presented in writing. During your use of the website, you accept that general communication with us will be generally electronic. Our contact with you will be via e-mail or provide you with necessary information by uploading notices on the website. From a contractual point-of-view, you accept this electronic means of communication and you fully apprehend that all notices, contracts, information and any other communications that we provide to you electronically abide by any legal requirement that such communications be in writing.
6.12. NOTIFICATIONS
Any notifications provided by the user or customer to Cùvierr must be sent to Cùvierr Exclusive Retail at Strada Justitiei, Nr. 24, 900266, Constanta, Romania or sales@cuvierr.com. We may provide notice by either postal address or e-mail that has been given to us when placing an order, or any one of the ways specified in Section 6.11.
Any notice shall be considered received and officially served once posted on the website, 24 hours after an e-mail is sent, or 72 hours after the posting date of any letter. With proving the service of any notification, in the case of a letter, proving that the letter is properly addressed, stamped and placed in the post or any mail service shall be considered sufficient. In the case of an e-mail, the email should be sent to the correct provided e-mail address with a sent electronic receipt.
6.13. DISCLAIMER
6.13.1. In the case that Cùvierr fail, at any time during the Terms and Conditions of the contact, to assert upon stringent performance of any of the customer obligations under the legal contract or any of these Terms and Conditions, or if Cùvierr fail to implement any of the applicable rights or remedies to which it is the entitled pursuant to the Terms and Conditions, this shall not constitute a disclaimer or remedies and shall not dismiss the customer from complying with such obligations.
6.13.2. A disclaimer by Cùvierr of any default shall not established a disclaimer of any subsequent default.
6.13.3. No disclaimer by Cùvierr with regards to these Terms and Conditions shall be effective without it being expressly labelled as a disclaimer and is conveyed to the intended repentant in writing in accordance with Section 6.12.
6.14. THIRD-PARTY RIGHTS
It must be acknowledged that no third party may claim any rights under these Terms and Conditions.