1. INTRODUCTION
1.1. SCOPE OF AVAILABILITY
These general Terms and Conditions of Sale (“TCS”) govern your purchases of Trudon products, (“Products”), from the website www.trudon.com (“Website”).deliv
In this TCS, “Customer” shall mean any person, consumer or non-professional, placing an order for Product(s) listed for sale on the Website.
Trudon reserves the right to amend or update these TCS at any time and without notice. Any changes to the TCS will only apply to orders placed on or after the effective date at which they were modified. In the event that the TCS are modified, such modifications shall not change the TCS that Customer had accepted at the time the order was made.
Any order placed on the Trudon online store constitutes full and complete acceptance of these TCS by the Customer making the purchase.
1.2 INFORMATION AND AVAILABILITY
1.2.1 Products Reserved Striclty for Personal Use
Trudon sells Products online to consumers and non-professionals. Products are meant strictly for use by the Customer and not for resale. Trudon reserves the right to decline fulfillment of any order that appears to not be keeping with personal or non-professional
needs. Trudon may impose restrictions on orders made by person(s), these include but are not limited to orders placed by or under the same account, the same card used to make multiple purchases, and/or orders that use the same billing and/or shipping address.
These restrictions may be applied irrespective of whether or not the order was initially validated via customer receipt.
1.2.2 Information Regarding the Products
Pictures of the products offered for sale on the Website are described and presented as accurately as possible with respect to the following: specifications, illustrations, size, 1 composition, etc. While Trudon makes every effort to present accurate and reliable
information on this Website, pictures of the Products shown on the website may not correspond to their actual appearance.
1.2.3 Product Safety Information
Each of our products comes with instructions for use. When misused, a candle or candles can cause harm to persons and property and Trudon advises that each Customer carefully read the instructions on the product. Trudon shall not be responsible for any damages or losses of any kind resulting from Customer(s) misuse of the Product from failure to adhere to the forgoing safety protocols.
1.2.4 Changes Made to Products
Trudon reserves the right to change or discontinue a Product or any of its features as set forth on the Website at any time and without notice notwithstanding orders already placed at the time of said change(s). During the purchase process, Trudon will notify Customers
if their order cannot be processed due to certain Product unavailability.
1.3 PRICES
Prices will be displayed in USD ($), and do not take into account the delivery costs for the order. The Customer will be informed of delivery costs on the basket confirmation and order summary pages, before validation and payment of the order.
Trudon will make all reasonable efforts to ensure that the prices on the website for Products are accurate, however should an error occur and a product be mispriced, Trudon at its sole discretion will either a) cancel the order or b) ask the Customer whether they
wish to purchase the Product at the correct price.
Trudon reserves the right to change Product prices at any time and without notice, however such changes will not apply to Products for which the Customer has already received an order confirmation.
2. ORDER
2.1. Order Process
To purchase a Product on the Website, the Customer must follow the instructions provided on the basket confirmation and order summary pages. The Customer has the ability to create a customer account by completing a registration form. The Customer pledges to provide accurate information and to keep said information up to date. In the event that a Customer creates a customer account, they are responsible for maintaining the confidentiality of their password and agree to accept responsibility for all activity and purchase(s) that occur under their account. In the event that they become aware of any unauthorized activity occurring on their customer account, the Customer agrees to immediately inform Trudon so that appropriate measures can be taken. Trudon shall not be held responsible for any inaccuracies in the information provided by the Customer, in particular if this results in errors during delivery.
It is also possible to place an order as a guest without having created a customer account.
The Customer is invited to select the products they wish to purchase and add them to the basket by clicking the “add to basket” button. The Customer can delete products from their basket at any time, by clicking on the “basket” icon present at the top right-hand side of all pages on the Website.
The Customer is invited to view the summary of their order by clicking on the “basket” button. At this stage, they can check the order details and identify and correct any errors made when entering data. On this page the Customer can also obtain an estimate of shipping costs by indicating their delivery location.
To finalize their order, the Customer must confirm their delivery and billing address, and if applicable, enter a new delivery address and/or a new billing address.
After validating the basket by clicking on the “Proceed to Checkout” button, the Customer can then either pay as a guest or log into their account to complete the payment.
If the Customer chooses to order as a guest, then they must enter their payment details. If the Customer has already created a customer account and has logged onto the Website using this account, this information can be automatically retrieved from the Customer’saccount, provided that the Customer had previously given its consent to Trudon to save
such information.
Once payment has been confirmed, the Customer will receive an order confirmation email.
By placing an order on the website, the Customer formally authorizes the use of email as a communication medium by Trudon so that Trudon may communicate the content of the Customer’s order.
The Customer’s order, when completed, constitutes a binding offer to purchase the selected Products. By placing an order, the Customer agrees to pay the full price of the ordered Products.
All orders submitted by the Customer are subject to final acceptance by Trudon. Trudon will acknowledge the Customer’s order via email receipt, however, this does not constitute a formal acceptance of said order. Trudon may choose to refuse to fulfill a Customer’s order for any legitimate reason, in whole or in part, without any liability to the Customer.
Examples of reasons for non-acceptance include but are not limited to the following:
● The Product is unavailable;
● Customer’s failure, as reasonably perceived by Trudon without investigation, to meet the eligibility requirements as set forth in these TCS; or
● Use by the Customer of an unauthorized payment method;
● Reported or suspected, fraudulent, illegal, or unauthorized activities, (e.g. commercial purchases)
Indications regarding the availability of Products are provided at the time the order is placed, on the Product page of the Website. In the event that, despite Trudon’s reasonable commercial efforts, the products ordered are no longer available, Trudon will notify the Customer via telephone call or email at the earliest opportunity. The Customer shall pay only the price of the available Product(s).
Once the Customer receives the email receipt acknowledging the Customer’s order, the Customer can no longer cancel or modify their order except as otherwise provided in these TCS.
3. PAYMENT
Payment of the order is made at the time the order is placed, by credit card or debit card only. The Customer agrees that they are responsible for any relevant bank charges or fees applied by their card issuer as a result of Trudon’s processing their credit/debit card payment. Carte Bleue, Visa and Mastercard cards are accepted. The Customer must enter their card number, its expiry date and the CVC.
Trudon has set up a secure payment system for all orders placed on the Website. Payments are made on an external platform - Hipay - which, per its contract with Trudon, is required to use 3D Secure measures.
The Customer must pay the price of the Products (including applicable sales taxes, other taxes, and/or duties), and the associated delivery charges if any.
Following payment confirmation, the Customer may be redirected to a 3D secure page asking them to enter a code in the 3D secure page. Once the transaction has been validated, the customer will be redirected to the Website www.trudon.com, and will see their order confirmation.
If the Customer’s payment cannot be processed for any reason, Trudon will cancel the Customer’s order and the Contract will end immediately. Trudon will inform the Customer of this via email.
4. SHIPPING, DELIVERY AND CONDITIONS
4.1. Delivery conditions
Trudon reserves the right to withhold shipment of the order until the Customer has paid the price of the purchased Products in full. If Trudon does not receive the Customer payment in full for whatever reason, Trudon reserves the right to delay or refuse to ship the Products to the Customer without liability to the Customer.
The purchased Products can be delivered to the Customer by the following means:
- shipment by TNT to Customer’s home address in Metropolitan France and Monaco (1-2 days)
- shipment by FedEx to International Customer’s home address (2-5 days)
Products shall be delivered to the address indicated by the Customer on their order form. Trudon is not responsible for any delivery issues arising from incomplete or incorrect address details supplied by the Customer. Please note that Trudon will not deliver to PO Boxes, address or freight -forwarders, or hotels.
The Customer will be informed by email when the parcel is collected by the carrier. They will then be given a delivery number allowing them to track the progress of their order in real time.
If the Customer cannot take physical possession of the order on the scheduled delivery date, they can:
● Schedule a new delivery; or
● Collect the parcel from a collection point.Three delivery methods are available:
4.2. Delivery costs
Delivery costs are not included in the price of the order and are added to it at the time of validation.
For all orders within the United States and for an amount greater than or equal to one hundred fifty dollars ($150), delivery by UPS, only is free of charge.
4.3. Receipt of Goods
4.3.1 Customer Obligations
Upon delivery of the order, the Customer must in the presence of the carrier and as mas be relevant :
a) Verify that the number of packages delivered corresponds to the number indicateud on the delivery note ;
b) Verify that the packages and their seals are intect, undamaged, or not altered in any manner ;
c) Verify that the delivered products conform to the style, model, color size, and other caractheristic(s) of the Produits, as specified in the order receipt ;
d) Note any other useful reservations concerning visbile defects with respect to the packing or product(s) ;
e) Sign the delivery note; and
f) If requested by the Courier show their ID.
Any damages to the packages and/or the Products must be reported to Trudon’s Customer Service department via Contact form (https://trudon.com/eu_fr/contact/) within fourteen (14) working days following receipt of the products. Unless there is a legitimate reason, any claim made after this 14-day period will be considered inadmissible.
5. TITLE RETENTION AND TRANSFER OF RISKS
The Customer assumes the risk of damage, loss, and/or destruction of the Products, from the moment they take physical possession of the Products delivered to them.
Title to the Products shall be passed to the Customer on the date on which the Products are delivered to the delivery address specified by the Customer in their order form.
6. RETURNS AND REFUNDS
6.1. Returns
To return Purchased Product(s), the Customer must notify Trudon within fourteen (14) days, using the following means:
- Trudon has created a Return Form available on the Website. The Customer may complete the form and return it by post to the following address, Trudon, 23 rue d'Anjou, 75008 Paris
- The Customer also has the option to send the Return Form to the following email: contact@trudon.com
In either case, the Customer must specify a) the Product(s) they are returning and b) the number listed on their order receipt.
6.2. Conditions Regarding Returns
6.2.1 Timeline Regarding Returns
Timeline Regarding Returns. Purchased Products must be returned within fourteen (14) days from the date on which the Customer or the person for whom the Customer has purchased the Product, has notified Trudon of their decision to return the Product(s).
6.2.2 General Conditions of Returns
Purchased Product(s) must be returned in their original condition, unaltered, unused, undamaged, with their original packaging and with original tags and labels attached along with all related documents (i.e., instruction label(s), booklet(s), and Product certificates).
6.2.3 Compliance with Conditions of Returns (All Products)
Trudon will not issue any refund for purchased Product(s) if the Product(s) returned by the Customer do not comply with the conditions set forth in 6.2.2.
6.2.4 Miscellaneous
Trudon will not issue any refund for Product(s) that were purchased from a marketplace other than the Website.
6.2.5 Non-Compliance with Conditions of Returns
If a returned Product does not meet the conditions for its return, as described in 6.2.2 above, Trudon will send the Product back to the address indicated by the Customer in the return form, or if such address is not valid, to the address communicated by the Customer when they placed the order. This return will occur within thirty (30) days from the date Trudon informed the Customer of the rejection of the returned Products, unless a force majeure event, an event beyond Trudon’s reasonable control, or any unforeseeable circumstance occurs.
6.2.6 Return Costs
Return postage costs will be borne by Trudon, which will send the courier label to the Customer before the order is sent back for exchange or return. The Customer must then drop the parcel off at the corresponding collection point of their choice. The Customer will then be reimbursed for the return costs within 30 days of the receipt of the Product(s) by Trudon.
6.3. Order Refunds
Trudon will refund the returned products, as well as the delivery costs by crediting the credit or debit card used for payment. In the event of a partial return of the products, the delivery costs will not be refunded by Trudon insofar as the Customer benefited from the delivery service for the products kept. The refund will be issued within a maximum of fourteen (14) days as from (i) the return of the products or (ii) the date on which the Customer provided proof of the shipment of the products (the date of whichever takes place first will be retained). Please note that Trudon may reduce your refund to reflect any diminished value of the Products resulting from your handling of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products.
7. DISCLAIMER OF LIABILITY
These TCS set forth the full extent of Trudon’s obligations and liabilities with respect to the sale of the Products on the Website. Nothing in these TCS seeks to exclude or limit Trudon’s liability for:
- Personal harm resulting from Trudon’s gross negligence
- Willful misconduct on behalf of Trudon or its employees
- Breach of any obligations pursuant to applicable consumer protection laws
- Any cause of action which cannot be limited or excluded under applicable law
7.1. Subject to above
Trudon’s aggregate liability, which shall be limited solely to direct damages, caused by a breach, that the Customer may suffer with respect to all claims and causes of action, arising under or in connection with these TCS and each Contract, shall in no event exceed the price of the Product(s) purchased by the Customer on the Website under that Contract. Trudon is not not liable for damage(s) or loss that either the Customer or Trudon could not reasonably have foreseen at the time the Customer accepted these TCS. Trudon shall not be liable to the Customer for any indirect
damages.
Trudon shall not be held liable for the failure to perform or incomplete performance of one of its obligations if said failure to perform or incomplete performance is due to a force majeure event as defined by law.
Trudon shall not be held liable for the failure of third parties including, but not limited to, suppliers, delivery personnel, etc. to perform their obligations to us or the Customer.
The Products purchased by the Customer must be used in accordance with the recommendations for use accompanying each Product. Failure to follow the recommendations for use accompanying each product constitutes misuse of said product, which may result in harm. In no event shall Trudon be held liable for any direct, indirect,
punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the misuse of our products.
8. LEGAL WARRANTIES
Trudon does not offer any warranties other than those warranties set forth in this TCS. All Products purchased by you through the Website are (except as expressly stated by Trudon) are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
9. INTELLECTUAL PROPERTY
Trudon owns the domain name “www.trudon.com”. The Website is an intellectual work protected by intellectual property rights, in particular by copyright. The website as a whole, as well as the products sold on it, and each of the components (such as films, photographs, logos, trademarks, drawings or models, texts, tree views, software, animations, illustrations, diagrams) are the exclusive property of Trudon, which alone is authorised to use the related intellectual property rights. Use of all or part of the website, in particular by downloading, reproduction, transmission, representation or distribution is strictly forbidden. Breach of these provisions will result in the Customer being subject to the penalties provided for by law.
When you use a “share” feature offered on the website in order to discover a Trudon brand product, you acknowledge and accept that the content made available by sharing should only be used for purely personal purposes, excluding any commercial use on websites or web pages and/or any other digital medium for commercial purposes.
Hyperlinks to the website can only be created with Trudon’s prior written consent. Said permission can be revoked at any time. All websites with a hypertext link to the website are not under Trudon’s and Trudon cannot therefore be held liable (in particular editorial liability) for the access to and content of these websites.
Trudon is free to change the content of the website at any time and without notice.
10. GOVERNING LAW
These Terms will be governed by and interpreted in accordance with the laws of the State of New York, and you, as the Customer, submit to the exclusive jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms of Use or use of this Website. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of New York and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
11. SEVERABILITY
If any provision of these Terms is found to be invalid under any applicable law, such provision shall be deleted and the Terms and Conditions shall be read and interpreted as if the invalid clause were never there.
12. ENTIRE AGREEMENT
These TCS and any other documents or links expressly referred to herein constitute the entire agreement between Trudon and the Customer in relation to the Customer’s use of this Website and supersede any prior agreement, understanding or arrangement, whether oral or in writing.