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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. All prices are in British pound 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 made in British pound.

 

 

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. Any delivery or shipment dates given by Cloudb are best estimates only and Cloudb shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. 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. Our estimated delivery is 3 working days, We will e-mail you once your purchase has been prepared and left our warehouse.

Cloudb cannot be held responsible for delays in customs clearance which may incur storage or other charges outside our control. Cloudb cannot be held responsible should local customs authorities wish to confiscate any particular item or charge any import duty. If our shipping agent is unable to contact the recipient to arrange delivery, the card which was used for ordering will be charged for all charges accrued from holding the goods.

 

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. 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). We invite you to consult the free return procedure described in article 8 of these terms of sale.

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

In accordance with articles L217-4 and following of the French Consumer Code, you benefit from the provisions of the legal guarantee of conformity, valid for 24 months from receipt of the Product.

Article L217-4 Consumer Code (France)

The seller delivers a good that complies with the contract and responds to the lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.

Article L217-5 Consumer Code (France)

The goods are is in accordance with the contract:

1 ° If it is fit for the customary use of a similar good and, where applicable:

• if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

 

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.

Article L217-7 Consumer Code (France)

The defects of conformity which appear within twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, unless proven otherwise.

For used second-hand goods, this period is fixed at six months.

The seller can revoke this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.

Article L217-8 Consumer Code (France)

The buyer is entitled to demand the conformity of the goods to the contract. However, he can not challenge compliance by invoking a defect he knew or could not ignore when he engage in the contract with seller. The same is true when the defect has its origin in the materials it has provided itself.

Article L217-9 Consumer Code (France)

In case of lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate with respect to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.

 

Article L217-10 Consumer Code (France)

If the repair and replacement of the product are impossible, the buyer can return the product and get the price back or keep the property and get a part of the price.

The same faculty is open to him:

• 1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 can not be implemented within one month of the claim of the buyer;
• 2 ° Or if this solution cannot be without major inconvenience for him taking into account the nature of the good and the use that it seeks.

 

The resolution of the sale can not however be pronounced if the lack of conformity is minor.

 

7.2. WARRANTY OF HIDDEN DEFECTS

In application of articles 1641 and following of the French civil code, you also benefit from the legal guarantee of latent defects. Only Products justifying a hidden defect will be able to be returned under this reason.

According to this article, if you believe that the Product suffers from a hidden defect, you must provide proof. Thus, you must request an expertise of the Product from a mandated expert so that it certifies the hidden defect.

If the expertise confirms that there is a hidden defect, the authentic document must be sent to our customer service as soon as possible. Upon receipt of the document, a return agreement number and the procedure to follow to return your Product will be communicated by our customer service. The costs of returning your Product are at our expense. Acceptance of your return will be done after finding the defect hidden by our services. Once your return accepted by our services, your Product will be refunded at the purchase price. Subject to hidden defects, the expert fees you have incurred may be reimbursed by us on presentation of the invoice corresponding to these costs.

Article L217-4 Consumer Code (France)

The seller delivers a product that complies with the contract and responds to the lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.

Article L217-5 Consumer Code (France)

The product is in accordance with the contract:

1 ° If it is fit for the customary use of a similar good and, where applicable:

• if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

 

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.

Article 1641 French Civil Code

The seller is bound by the guarantee by reason of the hidden defects of the product sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, had he known them.

 

Article 1642 French Civil Code

The seller is not liable for obvious defects and which the buyer has been able to convince himself.

Article 1642-1 French Civil Code

The seller of a building to be constructed can not be unloaded, neither before the reception of the works, nor before the expiration of a period of one month after the taking possession by the purchaser, of the defects of construction or the defects of compliance then apparent.

There will be no need to cancel the contract or reduce the price if the seller is obliged to repair.

Article 1643 French Civil Code

He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.

Article 1644 French Civil Code

In the case of items 1641 and 1643, the buyer has the choice to return the thing and get the price back, or keep the thing and get a part of the price.

Article 1645 French Civil Code

If the seller knew the defects of the thing, he is held, in addition to the return of the price he has received, all damages and interest to the buyer.

Article 1646 French Civil Code

If the seller was unaware of the defects of the thing, he will be held only to the restitution of the price, and to refund to the purchaser the expenses occasioned by the sale.

Article 1647 French Civil Code

If the thing that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and other compensation explained in the two previous articles. But the accidental loss will be on the charge of the buyer.

Article 1648 French Civil Code

The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect.

In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.

 

7.3. Warranty

During the first two years, your product is covered by the legal warranty of 2 years, which applies upon presentation of proof of purchase, without prior registration.

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 Cloudb offers the repair of the item or the replacement of the product if the defects are irreparable.

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. Under no circumstances can the guarantee authorize you to request the refund of the defective product.

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. Any warranties, conditions or other terms arising out of or relating to the supply of the Products and / or the provision of services, which may otherwise be implied in the contract or incorporated in the contract by law, customary law, applicable laws in the country where you have purchased the Products or Services or otherwise (including, but not limited to, any implied term of quality, fitness for purpose, due diligence and skill) is expressly excluded herein from any the measure authorized by law. In particular, it will not be Cloudb’s responsibility to ensure that the Products are suitable for the use you reserve for them and that Cloudb can not reasonably have considered.

 

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 L.151-1 and R.152-1 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.