General Terms of Sale for www.cub-ar.com

These terms of sale bind cub-ar, a French corporation with €26,700 of paid-in capital, RCS SENS, SIRET 480 282 474 (“the Seller”) and any individual or legal entity wishing to make a purchase via the Seller’s website (“the Buyer”).

Purpose

These terms of sale will define the contractual relationship between the Seller and the Buyer and the terms and conditions applying to any purchase made using the Seller’s merchant site www.cub-ar.com. Purchasing a good or service through this site means that the Buyer accepts these terms of sale without reservation. The Seller reserves the right to amend these Terms from time to time. In that event, the applicable terms and conditions will be those in effect at the time the Buyer places an order.

The products and services offered are those shown in the catalog published on the Seller’s website. These products and services are offered subject to availability. Each product is accompanied by a description written by the supplier. The photographs in the catalog are as accurate as possible but cannot ensure a perfect representation of the product offered, especially in terms of colors and patterns, since each item comes from natural stone, whose appearance will vary. Dimensions may also vary by a few percent due to the fact that the stone is cut by hand.

Prices and shipping charges

The prices shown in the catalog, in euros, include all taxes,reflecting the VAT applicable at the time of the order. Any change in the tax rate may be reflected in the price of products or services.

The Seller reserves the right to change its prices at any time. However, the price shown in the catalog when an order in placed is the only price that applies to the Buyer. The prices given include order processing fees.

Geographic reach

The online sale of the products and services shown on the site is restricted to Buyers residing the the delivery zones shown on the pages of the Seller’s site.

Orders

A Buyer who wishes to buy a product or service must:

• fill out the identification form, on which he or she will provide all the personal information requested
• fill out the online order form by selecting the products or services chosen and the quantities
• submit the order after checking it over and
• make payment in the manner provided.

The order confirmation entails the Buyer’s acceptance of these terms of sale, an acknowledgement that Buyer has read them carefully and the waiver of any terms of purchase of his or her own and any other terms and conditions. All of the data provided and the record of confirmation will be taken as proof of the transaction. Confirmation will be the same as a signature and acceptance of the transactions performed. The Seller will confirm the recorded order by email.

Cancellations:

Individuals who are non-professional buyers have a seven-day cancellation period starting from the delivery of their order, in which they may return the product to the Seller for exchange or refund without penalty, apart from return shipping costs.

Methods of payment:

The price is payable at the time of the order.

Payments will be made solely by bank card.

Paying by bank card:

Bank card payments will be made through the secured Cybermut system supplied by Crédit Mutuel, which uses SSL (Secure Socket Layer) protocol to forward bank and bank account information. The information transmitted is encrypted by a computer program and no third party can read it while it is being sent over the network. The Buyer’s account will be debited when the order goes through.

An electronic invoice with the VAT will be sent to the Buyer by email.

Terms of delivery

Deliveries are made to the address shown on the order form, which may only be in the agreed upon geographic areas. All risks are borne by the Buyer once the product leaves the merchant’s premises. In the event of damage during transport, a documented claim must be sent to the transportation company within three days of delivery.

Complaints

All complaints as to a defect in the merchandise delivered, a mistake by the Seller in quantity or in the product description contained in the order confirmation must be sent by email within 48 hours of receipt of the merchandise, failing which the right to a claim will expire.

Any return of merchandise requires the prior consent of the Seller, which the Seller will send to the Buyer by email.

After obtaining the Seller’s consent to return the merchandise, the Buyer will have seven days to return the merchandise in question

The cost of returning the merchandise is to be paid by the Buyer.

If the Seller is found to be at fault, the Buyer can submit to the Seller a request for repayment of the shipping costs. This request must have been made before the merchandise is returned.

In the event that the Seller is not at fault, both the return shipping charges and those of the new shipment sent will be borne by the Buyer.

Warranty

All products sold by the Seller come with the warranty provided by Articles 1641 et seq. of the French Civil Code. If the product sold is non-compliant, it can be returned to the Seller, who will take it back, exchange it or refund its price. All claims or complaints, requests for exchanges or refunds must be made by postal mail to the Seller’s address within thirty days of delivery.

In the case of a gift you have received that was purchased on cub-ar.com, only exchanges are accepted.

Liability

In the process of selling online the Seller is obligated only to make best efforts. He cannot be held liable for damage resulting use of the internet such as data loss, hacking, viruses, service interruptions or other involuntary problems.

Intellectual Property

All aspects of the Seller’s website are and remain the exclusive intellectual property of the Seller. No one is authorized to reproduce, exploit, re-disseminate or use in any way whatsoever, even partially, the contents and materials of the site, including applications, graphics and sounds.

Archiving – proof

The Seller will archive the orders and invoices on a reliable, durable medium, constituting a true copy as provided by Article 1348 of the French Civil Code. The Seller’s computerized records will be considered by the parties as proofs of communications, orders, payments and transactions between the parties.

Settlement of disputes

These terms of online sale are subject to French law. In the event of dispute, jurisdiction shall lie with the appropriate court of law, notwithstanding multiple litigants or the introduction of a third party.

Computer records and privacy

By accepting these General Terms of Sale, the buyer gives his or her consent for cub-ar to use the personal data to fulfil the order.

In accordance with French Law 78-17 of January 6, 1978 on Data Processing and Individual Rights, the buyer is entitled to see, correct, challenge and delete the personal data about him or her by writing by mail and proving his or her identity to Customer Service.