Terms of sale

1. Overview

Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms or save them to your computer for future reference.

It is hereby specified that the present conditions exclusively govern the online sales of the website https://www.cloudb.com registered at the RCS of Versailles under number 480025485, whose registered office is located at 14 Chemin des Vaux, 78490 Galluis, France. These conditions apply to the exclusion of all other conditions, in particular those in force on other sites or in the stores of our resellers. This website is intended only for consumers wishing to order Cloudb products online. The conditions under which the Products on this Website are offered for sale are set out below.

By checking the box “I have read and I accept” the order form, then by sending the order, you agree to be bound by these conditions. Cloudb reserves the right to change these conditions at any time without notice. However, the change will not affect orders placed before the posting of the changed terms on the website.

We invite you to keep these General Conditions of Sale, especially by physically printing them.

1. Orders

2.1. In order to place an order, you must be able to be contacted by phone and have a valid e-mail address. You must then follow the steps outlined below:

 

• Add one or more product (s) available on the site into your CART
• Create or login to your Cloudb account with your username and password
• Choose a delivery method
• Specify your shipping and billing address or check your details if you already have an account
• Check your order
• Read and accept these terms and conditions
• Select a payment method and enter your debit or credit card details
• Validate the payment by clicking on the “PLACE ORDER” tab

 

2.2. When you place an order, Cloudb assigns you a web order number. You will receive an order confirmation by email.

2.3. By placing an order, you propose to buy from us the products you have selected. Cloudb strives to provide you with the products mentioned in your order, however it may happen that a product is no longer available after sending your order. In this case, Cloudb will try to contact you by e-mail, phone, or mail as soon as possible.

2.4. After order is placed by you it cannot be canceled. However, you can make use of your right of cancelation described in Article 6 of these Terms of Sales, in order to return your Products and get a refund.

2.5. Please note that the display of colors, designs or Products on a screen may differ from the actual appearance or size of the Products offered on the Website.

2.6. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the Products. Your Products may vary slightly from those images.

2.7.             Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have some tolerance.

2.8.              The packaging of the Products may vary from that shown on images on our site.

2.4              All Products should be used in accordance with the user instructions.

 

1. Price

3.1. Prices are shown in the currency of the market you are shopping from, and the prices applied are those published on the website at the time you place an order. The prices published on the website include VAT and Eco-participation but do not include shipping costs.

3.2. It is not possible to make intra-community or international purchases through the website.

3.3. Shipping costs are, if applicable, at your expense as indicated on your invoice.

 

 

1. Payment of ordered Products

4.1. You may pay for your ordered Products using a debit card or credit card. We accept the following cards:

• Visa Card
• MasterCard
• American Express

These payments will be made on a secure platform.

4.2. Payments are taken in the currency shown at checkout for your market.

 

 

4.3. If you pay by credit card, you must provide all the information about it when you place an order. Cloudb will not provide you with the products or offer services until your bank has authorized credit card payment for the products. If Cloudb does not obtain this authorization, you will be informed. Cloudb reserves the right to verify the identity of the holder of the credit card by claiming the appropriate documents.

 

1. Delivery of Products

5.1. Cloudb will deliver the Products to the delivery address you have specified in the order form and in accordance with the delivery option you have chosen. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. In the event any of the Products ordered is out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail or post but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by Cloudb. 

5.2. In case of late delivery, we will offer you by mail a new delivery date. In any event, in the event that Cloudb does not respect the indicated deadline, or in the absence of a specified deadline, deliver the product within more than 30 days after receipt of the order confirmation, you have the possibility of cancel your order by contacting customer service. Cloudb then agrees to refund all amounts paid no later than 14 days after the termination of the contract.

If you received the product after your cancellation, we will proceed to the refund of the product, the delivery costs and the expenses of return, to reception of this one by our care, complete and in its state of origin, at the latest in 14 days after the receipt of the Product by Cloudb.

 

5.3. The ownership and the risk of loss related to your products are transmitted to you at the moment of their delivery.

 

5.4. Delivery of the Products to the carrier, Cloudb will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the order form.

Cloudb can not be responsible for delay or absence of delivery due exclusively to the unavailability of the customer after several proposals for appointments by the carrier.

Remember to indicate all the information needed to deliver the product to the delivery address entered (building number, staircase, codes, etc.).

Estimated delivery

5.5. We dispatch orders within 24 hours. The times below are delivery after dispatch, are estimates rather than guarantees, and the estimate for your own address is shown at checkout.

Where you are	Carrier	Delivery after dispatch
France	Colissimo	2 to 4 working days
Rest of the European Union	Colissimo International	3 to 15 working days
United Kingdom	DPD	2 to 5 working days
United States	Amazon fulfilment	5 working days

If the carrier cannot reach you after several attempts to arrange delivery, the parcel may be returned to us. If that happens we will contact you to agree what to do next.

For deliveries outside the European Union, Cloudb cannot be held responsible for delays in customs clearance which may incur storage or other charges outside our control, nor if local customs authorities withhold or confiscate an item or levy import duty.

1. Return Policy

6.1. Conditions of return

6.1.1. You have a right of returning the products you purchased for a period of 14 calendar days from receipt of the product. This 14-day period applies in the United States, the European Union and the United Kingdom alike. If the deadline expires on a Saturday, Sunday or holiday, it is extended until the next business day.

In case of purchase of several products delivered separately, your right of return will expire 14 days after delivery of the last product purchased.

In order to exercise your right of return, you must inform Cloudb by any unambiguous means.

We invite you to use your right of return by:

• Contacting Cloudb customer service via our contact form. We will send you an acknowledgment of receipt once your return request has been received.

6.1.2. The products must be returned in their original condition and complete (packaging, accessories, instructions …) allowing their reselling in new condition, and accompanied by a copy of the purchase invoice for optimized management. Cloudb reserves the right not to take back incomplete products or rendered unfit for reselling in the state (due to damage, dirt, alterations, etc.).

You have a period of 14 days following exercise of your right to return the Product(s). The return procedure is described in article 8 of these terms of sale. Return postage is at your cost where you are returning a product you have changed your mind about, and at our cost where the product is faulty, incorrect or incomplete.

6.2. Effects of the return

If you choose to return, Cloudb will reimburse you for all payments made, including delivery charges (except for additional costs related to the choice of a delivery type other than standard delivery), within a maximum of 14 days from the receipt of products by Cloudb.

The costs of returning the products remain your responsibility.

The refund will be made according to the same method of payment used during your purchase, unless you wish otherwise; in any case, no fee will result from this refund.

1. Non-conforming or defective product

If a Product was provided in error, if it is incomplete or defective, and you wish to obtain a refund, replacement or repair in accordance with Article 8 below, please send an email via the contact form of the website. If the product is replaced or repaired, in accordance with Articles 7.1 and 7.2 below, no transportation costs are due.

7.1. LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE AGAINST HIDDEN DEFECTS

Under articles L217-3 and following of the French Consumer Code you benefit from the legal guarantee of conformity, and under articles 1641 and following of the French Civil Code from the guarantee against hidden defects. The box below is the wording prescribed by the Annex to article D211-2 of the French Consumer Code. It is reproduced in French, which is the text that applies, followed by an English rendering provided for convenience only.

Le consommateur dispose d'un délai de deux ans à compter de la délivrance du bien pour obtenir la mise en œuvre de la garantie légale de conformité en cas d'apparition d'un défaut de conformité. Durant ce délai, le consommateur n'est tenu d'établir que l'existence du défaut de conformité et non la date d'apparition de celui-ci.

La garantie légale de conformité emporte obligation pour le professionnel, le cas échéant, de fournir toutes les mises à jour nécessaires au maintien de la conformité du bien.

La garantie légale de conformité donne au consommateur droit à la réparation ou au remplacement du bien dans un délai de trente jours suivant sa demande, sans frais et sans inconvénient majeur pour lui.

Si le bien est réparé dans le cadre de la garantie légale de conformité, le consommateur bénéficie d'une extension de six mois de la garantie initiale.

Si le consommateur demande la réparation du bien, mais que le vendeur impose le remplacement, la garantie légale de conformité est renouvelée pour une période de deux ans à compter de la date de remplacement du bien.

Le consommateur peut obtenir une réduction du prix d'achat en conservant le bien ou mettre fin au contrat en se faisant rembourser intégralement contre restitution du bien, si :

1° Le professionnel refuse de réparer ou de remplacer le bien ;

2° La réparation ou le remplacement du bien intervient après un délai de trente jours ;

3° La réparation ou le remplacement du bien occasionne un inconvénient majeur pour le consommateur, notamment lorsque le consommateur supporte définitivement les frais de reprise ou d'enlèvement du bien non conforme, ou s'il supporte les frais d'installation du bien réparé ou de remplacement ;

4° La non-conformité du bien persiste en dépit de la tentative de mise en conformité du vendeur restée infructueuse.

Le consommateur a également droit à une réduction du prix du bien ou à la résolution du contrat lorsque le défaut de conformité est si grave qu'il justifie que la réduction du prix ou la résolution du contrat soit immédiate. Le consommateur n'est alors pas tenu de demander la réparation ou le remplacement du bien au préalable.

Le consommateur n'a pas droit à la résolution de la vente si le défaut de conformité est mineur.

Toute période d'immobilisation du bien en vue de sa réparation ou de son remplacement suspend la garantie qui restait à courir jusqu'à la délivrance du bien remis en état.

Les droits mentionnés ci-dessus résultent de l'application des articles L. 217-1 à L. 217-32 du code de la consommation.

Le vendeur qui fait obstacle de mauvaise foi à la mise en œuvre de la garantie légale de conformité encourt une amende civile d'un montant maximal de 300 000 euros, qui peut être porté jusqu'à 10 % du chiffre d'affaires moyen annuel (article L. 241-5 du code de la consommation).

Le consommateur bénéficie également de la garantie légale des vices cachés en application des articles 1641 à 1649 du code civil, pendant une durée de deux ans à compter de la découverte du défaut. Cette garantie donne droit à une réduction de prix si le bien est conservé ou à un remboursement intégral contre restitution du bien.

English rendering, for convenience only: you have two years from delivery of the goods to claim under the legal guarantee of conformity, and during that period you need only establish that the defect exists, not when it appeared. The guarantee obliges us to supply any updates needed to keep the goods in conformity. It gives you the right to repair or replacement within thirty days of your request, free of charge and without major inconvenience to you. Goods repaired under it carry a six-month extension of the original guarantee, and if you ask for repair but we impose replacement, the guarantee starts again for two years from the replacement. You may obtain a price reduction and keep the goods, or end the contract for a full refund on returning the goods, where we refuse repair or replacement, where repair or replacement takes more than thirty days, where it causes you major inconvenience — in particular where you definitively bear the cost of taking back or removing the non-conforming goods, or the cost of installing the repaired or replacement goods — or where the lack of conformity persists after an unsuccessful attempt to put it right. You are also entitled to a price reduction or to end the contract, without first asking for repair or replacement, where the lack of conformity is serious enough to justify that immediately. You are not entitled to end the sale where the lack of conformity is minor. Any period during which the goods are held for repair or replacement suspends the remaining guarantee until the repaired goods are delivered. These rights arise from articles L. 217-1 to L. 217-32 of the French Consumer Code. A seller who obstructs the legal guarantee of conformity in bad faith incurs a civil fine of up to €300,000, which may be raised to 10% of average annual turnover (article L. 241-5). You also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect, giving a price reduction if you keep the goods or a full refund on returning them.

7.2. MAKING A CLAIM

If you believe a Product is affected by a lack of conformity or a hidden defect, contact our customer service with your order number, the batch number printed on the product, and photographs or a short video showing the problem. On receipt of that information we will send you a return agreement number and the return procedure. The costs of returning the Product are at our expense. Acceptance of the return follows our finding of the defect. Once the return is accepted, the Product is refunded at the purchase price.

7.3. Warranty

In addition to the legal guarantees set out in articles 7.1 and 7.2 above, we grant a commercial warranty, which applies upon presentation of proof of purchase and without prior registration. Its length depends on where you bought the product: 2 years in the European Union, 2 years in the United Kingdom and 1 year in the United States. This commercial warranty is in addition to, and does not affect, your statutory rights: in the European Union the legal guarantee of conformity of 2 years under Directive (EU) 2019/771; in the United Kingdom your rights under the Consumer Rights Act 2015, for which claims may be brought for six years; and in the United States your state's implied warranty of merchantability, which nothing in these terms disclaims, limits or shortens. The commercial warranty covers products bought from our own online stores and our official Amazon listings. If you bought from another retailer, your statutory rights are against that retailer and you should contact them.

7.3.2. What is covered by the warranty

The warranty applies subject to use in accordance with the instructions, electronic or electrical malfunctions, and defective parts.

7.3.3. What is not covered by the warranty

The warranty does not cover consumables (pacifiers, teats, brushes, batteries ..). It does not cover damage caused by improper use of equipment, poor maintenance, or breakage, damage resulting from an accident or a fall, aesthetic alterations of internal and external surfaces that do not interfere with the use the product (stains, scratches, scratches, discoloration, screen printing)

The warranty does not cover normal wear and tear, such as normal wear and tear on textiles (regular wear, discoloration, tears, holes), seams, zippers. The guarantee also excludes loss, theft, or any alterations related to an external event.

Under this warranty we put valid claims right by replacing the product. We do not operate a repair service.

In order to ensure the constant satisfaction of our customers, Cloudb ensures a frequent renewal of its ranges, In the hypothesis where would not be able to replace the article by the same model, we reserve the possibility to offer you a similar product and / or with equivalent technical characteristic. If a change of range is necessary, the exchange will be against a product of value equivalent to the purchase price.

Any request for coverage of the Guarantee may be subject to a physical inspection of the product.

 

 

1. Terms of Return of Products

8.1. To return a Product as part of the Return Policy and obtain a refund or exchange, in accordance with the conditions of articles 6 above, you must:

1. Contact the Cloudb customer service department by email by going to the contact form on the website, in order to organize the return of your product.
2. Cloudb will send you your return label to slip into the package
3. The choice of carrier and the costs are your responsibility
4. Once the product is received at Cloudb, you will be notified, and the refund will be confirmed.

8.2. To return a defective Product and obtain a refund, exchange or repair, in accordance with the conditions of articles 7 above, you must:

1. Contact the Cloudb customer service department by email by going to the contact form on the website, in order to organize the return of your product.
2. Cloudb will organize the removal of the Product by the carrier of its choice. You will be given transport labels. You will then have to agree to pick up the package.
3. Before depositing a Product, please check that you have:

• obtained and affixed the transport label,
• includes all accessories, warranties provided and any other accompanying documentation, unless otherwise indicated,
• delivered the Product in the original packaging,
• sealed the package carefully, then packaged in a suitable packaging

1. Compliance with this procedure ensures that the Products arrive at the correct destination, in good condition and within a reasonable time.

 

1. Liability of Cloudb

9.1. These conditions outline the full extent of our obligations and responsibilities with respect to the provision of the Products (and the provision of assistance and warranty services) and the provision of any service.

9.2. Except as described in Section 7 above, there are no warranties, conditions or other terms binding upon Cloudb with respect to the supply of the Products or the provision of Services, except of what is expressly stated in the contract.

9.3. Nothing in these terms excludes, restricts or modifies any warranty, condition or term implied by law that may not lawfully be excluded, restricted or modified, including the implied warranty of merchantability and any implied warranty of fitness for a particular purpose.

 

9.4. No clause in the contract will limit or exclude our liability in the event of:

1. death or injury caused by our negligence
2. fraud
3. any breach of the implied obligations of applicable (FRENCH) national laws applicable to the ownership or
4. any liability that cannot be excluded by the (FRENCH) law.

 

9.5. SUBJECT TO CLAUSE 9.4 ABOVE, Cloudb SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY LOSS OF INCOME, LOSS OF PROFIT, LOSS OF CONTACTS, LOSS OF DATA OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY NATURE. WHATEVER THE PURCHASE OF A PRODUCT. IN THE EVENT OF PROFESSIONAL PURCHASE, THE EXTENT OF Cloudb’S LIABILITY UNDER THIS CONTRACT, BEING DELICATENT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO CASE EXCEED THE AMOUNT YOU ARE LIABLE TO Cloudb IN RELATION TO PRODUCTS AND / OR SERVICES IN QUESTION.

 

9.6. This does not affect your legal rights as a consumer, nor your right to return the Products under Articles 8 and 9 above. Return to the top of the page

 

1. Contact Cloudb Online Shop

You can contact Cloudb Online Shop:

• using the online form located in the “Contact” section
• or contact us directly by email contact@Cloudb.com

 

1. Export control

11.1. You acknowledge that transactions conducted by Cloudb may be the subject of certain laws and regulations – including the United Nations, European or US – relating to export controls that prohibit the export or transit of certain Products and certain technologies to certain countries (the “Export Control”). Any obligation of Cloudb, whatever its nature and scope, related to the export, re-export or transfer of Products or the provision of services relating to assistance, training, investment, financial assistance, financing or brokerage will be obligatorily – and in all its aspects – governed by the Export Control and, as the case may be, any obtaining of authorization necessary for the supply or delivery beyond product and technology borders by persons under the authority of the Export Control Authority.

 

11.2. You warrant that, for any Product supplied to you, you will comply fully with the restrictions imposed by the Export Control or (if applicable) with the necessary authorizations for the export of this Product and its transfer. You agree to the responsibility of enforcing by any third party to whom a Product is exported or transferred any restrictions arising from Export Control. You will take reasonable steps and actions to ensure that no end user contravenes Export Control. You will indemnify Cloudb against all damages, whether direct or indirect – whatever its nature -, costs (including legal fees) and other liability resulting from an infringement or non-compliance with the provisions of this article. 11.

 

1. Data protection

12.1. You can access the details of your transactions if you are a registered customer. Enter the web order number to check the status of your order and its contents.

12.2. By placing an order, you understand and agree that Cloudb may store, process and use the personal data collected on your order form in order to process your order. This personal data will be processed in accordance with the Cloudb Privacy policy, which you can view by clicking on the ” legal Informations” button located at the bottom of this website. If you wish to access stored personal data, if you want to make changes to it or if you do not wish to receive information from Cloudb, please follow the updating procedure as described in the Cloudb privacy statement.

 

1. Disposal

Since November 2006, Waste Electrical and Electronic Equipment (WEEE) should no longer be thrown in the trash. All appliances powered by mains, battery or storage battery must be cleaned and recycled. To respect this good eco-citizen practice: thank you to deposit it in waste.

 

1. Circumstances beyond the reasonable control of Cloudb

Cloudb will strive to meet its obligations under its contract. Nevertheless, Cloudb can not be held responsible for any delay or failure to respect them if this delay or failure results from circumstances beyond its reasonable control. In the event of a delay, Cloudb will respect its obligations as quickly as possible.

 

1. General

15.1. Neither the failure of Cloudb to enforce any condition of the contract, nor yours, constitutes an abandonment of said condition. Such a breach can in no way affect the right to implement the condition at a later date.

15.2. The unenforceability or nullity of any provision of the contract shall not affect the enforceability and validity of the remaining provisions.

 

1. Mediation and jurisdiction in case of dispute

16.1. In case of dispute or claim, you must first contact Cloudb for an amicable solution. Failing this, you can initiate a procedure before the jurisdiction of your choice on the French territory. French law is applicable. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded.

16.2. You also have the right, in accordance with articles L612-1 and R612-1 and following of the French Consumer Code, to make a free use of a consumer mediator for the purpose of resolving a dispute or a dispute. claim. However, you must justify having previously informed Cloudb, in writing, of your claim and have attempted to resolve the dispute amicably. Any complaint whose treatment by Cloudb is still in progress does not allow the use of mediation.

The mediator BTL Diffusion SAS belongs to is the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C), 14 rue Saint Jean, 75017 Paris — https://www.cm2c.net — cm2c@cm2c.net — 01 89 47 00 14.