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Conditions of use

TERMS & CONDITIONS

1. Acceptance of terms and conditions
All users filling in the purchase form featuring on
coeur-point-de-croix.com and confirming purchase(s), fully accept the terms and conditions described herein.

2. Concluding the sale contract
Filantrope.com contains commercial offers for selling goods, which are not considered to be permanent offers by law. Conclusion of the sale contract shall occur solely with order confirmation from Operande (see "Order acceptation and payment).

3. Order acceptance and payment
Conclusion of the sale contract is bound to the acceptance of the order by Operande. The user may pay by credit card. Necessary information (card number, validity date, etc) is encrypted in the secured "BPCA" payment area. Validation of payment implies acceptance of the order. Operande agrees to confirm to the user acceptance or refusal of its order by mail, telephone fax or e-mail within 72 hours of receiving the order at the latest.
Operande reserves the right to cancel an order or a payment for any reason, especially due to third party stock providers, nature of the order or shippement problems.
For Metropolitan France, the user may pay by cheque, payable to Operande, with the order number written on the back. The cheque is to be sent to:

Opérande
Le Krystal
1725 RN 7
06270 Villeneuve Loubet
France

RCS Cannes 410803365

The order will be validated only when the cheque is banked.

4. Party's obligations
4.1. Operande
1. Operande agrees to deliver the exact goods ordered by the user, subject to availability.
2. Operande agrees to send the goods ordered within eight (8) days from the acceptance of the order for European Community, USA and Canada: within 15 days for other countries.
3. Operande has a contract with the transport company, which agrees to ship the goods to the address given by the user.

4.2 The user
1. The user agrees to indicate a shipping address where the goods can be delivered during open hours.
2. For countries outside European Community, USA or Canada, the user agrees to pay the price indicated by Operande as well as custom rights, VAT, and other importations taxes. No returns will be accepted due to non-payment of custom duties.


5. Prices
The price indicated on
coeur-point-de-croix.com is fixed. It is indicated in Euro. Prices in other currencies are only an indication. Payment may be done by credit card and will be debited in Euros when the order is accepted. Price includes packaging and shipping. Price is inclusive of taxes for countries of the European Community, USA and Canada but for the other countries, the price is indicated excluding taxes. Any additional taxes incurred in shipping shall be paid directly to the transport company at the time of delivery.

6. Transport and delivery
The goods are shipped to the address indicated by the user within 8 to 15 days from the order confirmation (cf. 4-1. 2.). Operande chooses the transport company. If the recipient or anybody that can accept the goods is absent, the transport company will leave notification of where the goods can be retrieved. Operande will not be liable for any damage due to late retrieval or non retrieval from the transport company. Any events, not under the control of Operande, such as, natural disasters, governemental decisions or strikes within the transport company, which may interfere with the delivery, relieve Operande from its obligations. The user will not received any indemnities if the event exends to more than a month. In any cases, no delays in the delivery would give rise to interest damages or cancelation of the orders.

7. Goods returns, retractions, reimbursements
7.1. Goods return
Complaints can only be made when the delivered goods do not match the order or when the packaging has been badly damaged. Written complaints have to be made to the transport company when the goods are being delivered or at the lattest 12 hours after delivery. A copy of the complaint has to be sent to Operande within 24 hours, by fax or e-mail. A confirmation of the complaint written by the transport company, including an assessment of the damages, the cause of complaint and the order number, should also be sent to Operande. If the number of items received does not match the order, Operande will reimburse the price difference only if the goods received have an inferior value to the goods that had been ordered. If the goods have been badly damaged, Operande reserves the right to either reimburse the order or replace the damaged good(s).

7.2. Retraction
Conform with Article L12-6 of the "Code de la Consommation" of french law, the buyer has seven (7) days, from the delivery date, to return the goods to Operande for a reimbursement or an exchange. If so, P & P will be charged to the buyer. Any query can be made to Operande by e-mail, fax or telephone.

7.3 Reimbursement
All reimbursement wiil be made via bank transfert. The beneficiary will have to send to Operande his/her banking details. French reimbursement fees wiil be paid by Operande. Operande will by no means be responsible for paying fees required by the beneficiary's bank.
8. Limitation of responsibility
The buyer only is responsible for the choice of goods, the way they are kept after delivery and for their uses. Operande will not be held responsible for the non-respect of laws and legislations in operation in the country of delivery, if other than France.

9. Litigations
This site is created in France, as such, refers to the french version of these Terms and Conditions in case of any litigations. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable, such provision shall be ineffective to the extend of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in the remaining provisions hereof. Such provision shall be replaced with the closest provision herein. The present Terms and Conditions are governed by French law. Any litigations will be delt with by the law court located at the headquarters of Operande.
 

AGREEMENT BETWEEN USER AND COEUR-POINT-DE-CROIX


The
coeur-point-de-croix.com Web Site is comprised of various Web pages operated by Coeur-point-de-croix.

The
coeur-point-de-croix.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the coeur-point-de-croix.com Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

coeur-point-de-croix.com reserves the right to change the terms, conditions, and notices under which the coeur-point-de-croix.com Web Site is offered, including but not limited to the charges associated with the use of the coeur-point-de-croix.com Web Site.

LINKS TO THIRD PARTY SITES

The
coeur-point-de-croix.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of coeur-point-de-croix.com and coeur-point-de-croix.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. coeur-point-de-croix.com is not responsible for webcasting or any other form of transmission received from any Linked Site. coeur-point-de-croix.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by coeur-point-de-croix.com of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the
coeur-point-de-croix.com Web Site, you warrant to coeur-point-de-croix.com that you will not use the coeur-point-de-croix.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the coeur-point-de-croix.com Web Site in any manner which could damage, disable, overburden, or impair the coeur-point-de-croix.com Web Site or interfere with any other party's use and enjoyment of the coeur-point-de-croix.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the coeur-point-de-croix.com Web Sites.

USE OF COMMUNICATION SERVICES

The
coeur-point-de-croix.com  reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. coeur-point-de-croix.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

coeur-point-de-croix.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in coeur-point-de-croix.com's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.
coeur-point-de-croix.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, coeur-point-de-croix.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized coeur-point-de-croix.com spokespersons, and their views do not necessarily reflect those of coeur-point-de-croix.com .

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO
coeur-point-de-croix.com OR POSTED AT ANYcoeur-point-de-croix.com WEB SITE

coeur-point-de-croix.com does not claim ownership of the materials you provide to coeur-point-de-croix.com (including feedback and suggestions) or post, upload, input or submit to any coeur-point-de-croix.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting coeur-point-de-croix.com , its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein.
coeur-point-de-croix.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time incoeur-point-de-croix.com 's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
coeur-point-de-croix.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. coeur-point-de-croix.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE coeur-point-de-croix.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE coeur-point-de-croix.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

coeur-point-de-croix.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE coeur-point-de-croix.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.coeur-point-de-croix.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
coeur-point-de-croix.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE coeur-point-de-croix.com WEB SITE, WITH THE DELAY OR INABILITY TO USE THE coeur-point-de-croix.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE coeur-point-de-croix.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE coeur-point-de-croix.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF coeur-point-de-croix.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE coeur-point-de-croix.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE coeur-point-de-croix.com WEB SITE.

SERVICE CONTACT : contact at
coeur-point-de-croix.com

TERMINATION/ACCESS RESTRICTION

coeur-point-de-croix.com reserves the right, in its sole discretion, to terminate your access to the coeur-point-de-croix.com Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the coeur-point-de-croix.com Web Site. Use of the coeur-point-de-croix.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and coeur-point-de-croix.com as a result of this agreement or use of the coeur-point-de-croix.com Web Site.coeur-point-de-croix.com 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of coeur-point-de-croix.com 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the coeur-point-de-croix.com Web Site or information provided to or gathered by coeur-point-de-croix.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and coeur-point-de-croix.com with respect to the coeur-point-de-croix.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and coeur-point-de-croix.com with respect to the coeur-point-de-croix.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the
coeur-point-de-croix.com Web Site are: Copyright 2010 by coeur-point-de-croix.com and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.