Theodor

 Terms and conditions of sale

THEODOR is a registered trademark distributed under exclusive agreement by SFTO 1842

SFTO 1842

Main Office

ZI RN 13 – BP34B

F- 78270 Bonnieres Sur Seine

A firm with assets of € 36,500

Registered  at the French Chamber of Commerce in Versailles

RCS VERSAILLES B 451 845 481

N°  E.U. VAT :  FR 61 451 845 481

ARTICLE 1 - GENERAL

These terms and Conditions of Sale apply exclusively to the sales of our products through the            http://www. theodor.fr website. They cancel and replace any prior conditions and may be modified at any time. Any order placed implies that the client agrees without any reserves to these Terms and Conditions of Sale. SFTO 1842 is the owner of the  http://www. theodor.fr website and all the rights thereof. Save prior, express agreement of SFTO 1842, copying or downloading  all or part of the site and the content is prohibited.

ARTICLE 2 – PRICES

The prices of our products are shown in Euros, all taxes included,  contribution to the management and delivery costs not included  . The products are subject to the French VAT, whatsoever the final delivery place.

SFTO 1842 reserves the right to change the prices at any time, without notice or prior information. Nevertheless the products will be invoiced at the current price upon registration of the orders.

The products remain the property of SFTO 1842 until the full payment of the said.

The products and services offered for sale in http://www. theodor.fr are reserved to the end-users.

Delivery costs are due on any order, except otherwise mentionned.

The calculation of the delivery costs is shown in the specific  « Shipment/delivery service and delivery costs » paragraph.

All customs duties possibly due shall be at the customer's expenses.

ARTICLE 3 – ORDER

On the www.theodor.fr/shop website

Ordering from the site shall respect the procedure, enforced by SFTO 1842, made of successive steps which the customer shall follow to validate his order.  Before his final validation of the  order, the client has the ability to check the detail of the order and the full cost if it, and correct errors if any, before confirming it to express his agreement. Any confirmed order means sales agreement and full acceptation of the present terms.

SFTO 1842 will refuse any order from a client with whom a dispute is pending or an incident has occurred as regards the payment of a previous order, or who infringes the present conditions.

SFTO 1842 will send a confirmation e-mail in which is  the order is summarized (products, price, availability of the products, quantity...). To that effect, the customer expressly agrees to the use of e-mail for the confirmation by SFTO 1842 of the content of his order.

The maximum amount of an order is limited to €500, VAT incl., per order y per person. The number of orders per client is not limited. We cannot acknowledge and execute any order amounting to more than €500, VAT incl., and weighing more than 30 kilos.

By mail

Should you prefer to pay your orders by bank cheque, you may send your order by means of a letter, stating clearly the reference of the article you wish to purchase, its designation, the quantity, the price and the delivery costs, your full name, adress, the place of delivery and your phone number.

By phone

Should you wish to be granted personal advice, you may order on the  phone, from Monday to Friday and from 10:00 AM to 06:00 PM.

From Metropolitan France and the overseas departments and territories, dial : 01 34 77 85 85

From abroad, dial: 33 1 34 77 85 85

ARTICLE 4 – VALIDATION

You declare have taken notice of and agreed to these Terms and Conditions of Sale before ordering. The validation of your order means accordingly your agreement to these Terms and Conditions.

Save otherwise established and proven, the data recorded by SFTO 1842 are pieces of evidence of all and any transactions made between SFTO 1842 and its clients.

ARTICLE 5 – AVAILABILITY

Our offers of products and prices are valid as long as they are shown on the  site, within available stocks. As regards the products which are not kept in our own premises, our offers are valid provided they are available from our suplliers.

Accordingly, we will provide information about  the availability of the products while you order. As such information is provided to us by our own suppliers, errors or modifications may occur, exceptionally. Should a product prove not to be available after you have ordered it, we will report to you directly by e-mail or mail upon receipt of the information from our suppliers. Your order will automatically be canceled and you will receive immediate pay-back if your bank account  has been debited.

Following a payment by bank cheque, and should all or part of the order be not available, the sums will be paid back, at SFTO 1842's choice, either by crediting the client's bank account or by means of a bank cheque, not later than thirty days from the receipt of the sums paid by the client.

ARTICLE 6 – PAYMENT

You may pay for your orders:

   either by credit card: Visa, MasterCard and other blue cards. The card is charged upon the order,

   or by bank cheque at the order of SFTO 1842, to be sent to the folllowing adress:

                                              SFTO 1842

                                    Service Vente A Distance

                                         BP 34B – ZI RN 13

                                   78270 Bonnieres Sur Seine

All bank cheques must be drawn by a bank domiciled in Metropolitan France or Monaco. Cheques are cashed on receipt.

ARTICLE 7 – SAFETY OF PAYMENTS THROUGH CREDIT CARDS

Our site is covered by the following safety system:

When you order, you enter a secured zone in which you are requested to provide your bank data. We use the SP PLUS (Payment secured by the Caisse d'Epargne) on line payment system to ensure the safety of the bank transactions. The data of your credit card are ciphered through the SSL (Secure Socket layer) protocol and never cross the net in clear.

The payment is made directly to the bank. SFTO 1842 is not granted any access, in any opportunity, to those data, and do not record them in its servers. That is the reason why you are requested to provide such data on each transaction on our site.

Finally, SFTO 1842 undertakes not to pass its clients' personal data to anyone else than its own banks, in the purpose of having the order settled.

All the remaining  information given in the site (name, e-mail, …) is subject to no use whatsoever (lease or sale of records, etc...) else than the own and sole activity of SFTO 1842 (« Informatique et Libertés » Law, art n° 78-17).

ARTICLE 8 – CONFORMITY OF THE PRODUCTS

The products offered for sale are those described on the site. SFTO 1842 displays and describes very carefully those products to grant the Customer the best information. Nevertheless, non substantial errors may occur on the site, which the client acknowledges and accepts. In all cases, should a product delivered not be in conformity with the description of the said on the site, the Client may, either use his right of revocation, or claim for SFTO 1842's guarantee of conformity, in which case SFTO 1842 shall either exchange the product or pay back all or part of the invoiced price.

ARTICLE 9 – REDUCTION COUPON, DISCOUNT AND CREDIT NOTE

A reduction coupon, a discount or a credit note (hereinafter referred to as « discount ») may be granted, in the framework of a promotional operation, in the form of a code to be used on ordering. Each discount is unique and can be used once only.

A discount may be subject to some conditions as follows:

-        a minimum amount of order, as specified by SFTO 1842;

-        a period of validity, as specified by SFTO 1842.

A reduction coupon or a discount, at the difference to the credit note, may be used only as a means of payment of the total price (delivery costs excepted) of the products. If the total amount of the discount is not utilized while ordering, the user may not claim for the not utilized difference.

ARTICLE 10 – REVOCATION PERIOD

Following the provisions of the Article L. 121-20-2 of the Consumption Code, the right of revocation cannot be exercised as regards the contracts whose purpose is supplying goods which, due to their nature, are subject to deteriorate or get out of date rapidly or cannot be shipped back. All the same, it does not apply as regards the supplying of highly customized goods. With respect to other products and services, the client is granted a 7 opening days-long period of time from receipt in which he may return the order in the purpose of exchange or pay back.

The customer is responsible for the costs of return of  the merchandise. The product shall absolutely be returned  in its original packaging, intact, with all its accessories, if any, instructions of use and documentation.

In case the right of revocation is exercised, the seller shall pay back the sums paid by the buyer within a 30 days period of time.

ARTICLE 11 – PERSONAL INFORMATION

SFTO 1842 undertakes not to disclose to third parties the information provided. Such is confidential. It may be used  by its own in-house services in the only purpose of managing the orders and strengthening  and customizing  the communication and offer provided to the clients of SFTO 1842.

This article shall not prevent the transfer or assignment of activities to third parties.

In accordance with the Informatique et Libertés Law, dated  January 6, 1978, every client is granted a right to get access to, amend and cancel his own personal data.  Should he wish to do so, he just has to ask for it on line or by mail, mentioning his name, first name,adress and, if possible, client reference:

boutique@sfto1842.com

ARTICLE 12 – DELIVERY

     12.1 – GENERAL

The products are delivered to the delivery adress given by you during the ordering process. SFTO 1842 has no responsability in case of a wrong adress.

When you order several products at the same time and if those are subject to different shipment times, the shipment time of the order is based on the latest time.  Nevertheless, SFTO 1842 may split up the shipments. The contribution to management and shipment costs will be invoiced once only. SFTO 1842 shall not be considered responsible for transport delays.

Should some shipment delay occurs, an e-mail will be sent to you. In such a case, and as long as the product has not been shipped, you still may cancel your order.

We kindly invite you to check regularly your order track and call the Customer Service for any question or problem.

12 – 2 DELIVERY SERVICES, OPTIONS AND COSTS, ACCORDING TO DELIVERY PLACES

THEODOR delivers to most of the countries in the world, for a financial participation calculated according to the final destination, the weight of the parcel and the shipment option selected by the Client.

                     I Metropolitan France

1.1  « Standard » service, Metropolitan France

For the Metropolitan France, the financial participation to the freight costs amounts to a fixed, all-inclusive €8.85 sum, VAT included (€7.40 VAT excluded), below an order value of €50.00, VAT included.

As regards any order amounting to more than €50.00, VAT included, with « Standard » shipment, the delivery will be free of charge, and the parcel will be shipped following the « Standard » service conditions.

The goods are delivered through Colissimo – La Poste*.

*COLISSIMO France: postage cost according to the weight with proof of deposit, delivery without signature, track, commitment of delivery within 48 hours or 2 working days (except Principality of Andorra).

**Maximum weight/parcel: 30 Kilos.

THEODOR  and SFTO 1842, from the shipment of the parcel, the tracking number of which THEODOR undertakes to provide the client, accept no responsability for the delivery time guaranteed by the Post Office nor the effective receipt of the parcel nor the condition of the goods contained.

Any complaint or claim on the grounds of late delivery, bad condition of the merchandise or wrong receipt of the parcel, shall be put in with the Post services.

1.2  « Registered » service, Metropolitan France

To ensure the best receipt of the parcel by the consignee, the shipment can be made through « registered » service on the client's request, by means of a click onto the related option and for a financial participation to the freight costs as follows:

     -  €12.70, VAT included (€10.62 VAT excluded), fixed, all-inclusive sum, for any order amounting to or below €50,00, VAT included; (1)

     -  €15.90, VAT included (€13.30 VAT excluded), fixed, all-inclusive sum, for any order above €50.00, VAT included ,and amounting to or below €200.00, VAT included; (2)

     -  €22.50, VAT included (€18.81 VAT excluded), fixed, all-inclusive sum, for any order above €200.00, VAT included ,and amounting to or below €500.00, Vat included. (3)

The goods are delivered through Colissimo Recommande– La Poste*.

*COLISSIMO Recommande France: postage cost according to the weight with proof of deposit, delivery against signature, track, commitment of delivery within 48 hours or 2 working days (except Principality of Andorra).

**Maximum weight/parcel: 30 Kilos.

Following a Registered shipment, a financial compensation is granted in case of loss or damage in the limit of €50.00 (1), €200.00 (2) or €400.00 (3)  according to the amount of the order, or compensation of €23.00 per kilo (freight costs included) if more favourable.

THEODOR and SFTO 1842, from the shipment of the parcel, the tracking number of which THEODOR undertakes to provide the client, accept no responsability for the delivery time guaranteed by the Post Office.

Any complaint or claim on the grounds of late delivery, bad condition of the merchandise or wrong receipt of the parcel, shall be put in with the Post services.

THEODOR undertakes to assist the client in order he can  ensure to be compensated by the Post services.

          II OVERSEAS FRANCE

2.1 « Standard » service, Overseas France (except St Pierre et Miquelon)

For the shipments to Overseas destination, the financial participation to the freight costs is all-inclusive and calculated according to the total amount, VAT included, of the order,within  the following  fixed brackets of participation to the freight costs:

- fixed, all-inclusive €15.80 VAT included (€13.21 VAT excluded) for any order amounting to or below €50.00 VAT included.

- fixed, all-inclusive €25.25 VAT included (€21.11 VAT excluded) for any order amounting  to more than €50.00 VAT included, and amounting to or below €100.00  VAT included.

- fixed, all-inclusive €49.95 VAT included (€41.76 VAT excluded) for any order amounting  to more than €100.00 VAT included, and amounting to or below €250.00  VAT included.

- fixed, all-inclusive €79.84 VAT included (€66.75 VAT excluded) for any order amounting  to more than €250.00 VAT included, and amounting to or below €500.00  VAT included.

The goods are delivered through Colissimo Outre Mer – La Poste*.

*COLISSIMO Outre-Mer: postage cost according to the weight with proof of deposit, delivery without signature, order track until the exit point from Metropolitan France,  no commitment of delivery  time.

**Maximum weight/parcel: 30 Kilos.

THEODOR  and SFTO 1842, from the shipment of the parcel, the tracking number of which THEODOR undertakes to provide the client, accept no responsability for the delivery time guaranteed by the Post Office nor the effective receipt of the parcel nor the condition of the goods contained.

Any complaint or claim on the grounds of late delivery, bad condition of the merchandise or wrong receipt of the parcel, shall be put in with the Post services.

2.2 « Registered » service, Overseas France

To ensure the best receipt of the parcel by the consignee, the shipment can be made through « registered » service on the client's request, by means of a click onto the related option and for a financial participation to the freight costs as follows:

     -  €33.30, VAT included (€27.84 VAT excluded), fixed, all-inclusive sum, for any order amounting to or below €100,00, VAT included; (1)

     -  €65.80, VAT included (€55.01 VAT excluded), fixed, all-inclusive sum, for any order above €100.00, VAT included ,and amounting to or below €250.00, VAT included; (2)

     -  €115.60, VAT included (€96.65 VAT excluded), fixed, all-inclusive sum, for any order above €250.00, VAT included ,and amounting to or below €500.00, VAT included. (3)

The goods are delivered through Colissimo Recommande Outre -mer– La Poste*.

*COLISSIMO Recommande Outre -mer: postage cost according to the weight with proof of deposit, delivery against signature, track, no commitment of delivery time.

**Maximum weight/parcel: 30 Kilos.

Following a Registered shipment, a financial compensation is granted in case of loss or damage in the limit of €50.00 (1), €200.00 (2) or €400.00 (3)  according to the amount of the order, or compensation of €23.00 per kilo (freight costs included) if more favourable.

THEODOR and SFTO 1842, from the shipment of the parcel, the tracking number of which THEODOR undertakes to provide the client, accept no responsability for the delivery time guaranteed by the Post Office.

Any complaint or claim on the grounds of late delivery, bad condition of the merchandise or wrong receipt of the parcel, shall be put in with the Post services.

THEODOR undertakes to assist the client in order he can  ensure to be compensated by the Post services.

         III WORLD

              « Standard » service, WORLD

For the shipments to the rest of the World,  the financial participation to the freight costs is all-inclusive and calculated according to the total amount, VAT included, of the order,within  the following  fixed brackets of participation to the freight costs:

- fixed, all-inclusive €25.25 VAT included (€21.11 VAT excluded) for any order amounting  to  or below €50.00 VAT included.

- fixed, all-inclusive €32.80 VAT included (€27.42 VAT excluded) for any order amounting  to more than €50.00 VAT included, and amounting to or below €100.00  VAT included.

- fixed, all-inclusive €49.95 VAT included (€41.76 VAT excluded) for any order amounting  to more than €100.00 VAT included, and amounting to or below €250.00  VAT included.

- fixed, all-inclusive €88.25 VAT included (€73.78 VAT excluded) for any order amounting  to more than €250.00 VAT included, and amounting to or below €500.00  VAT included.

The goods are delivered through Colissimo International – La Poste*.

*COLISSIMO International: postage cost according to the weight with proof of deposit, delivery against signature, order track until the exit point from Metropolitan France,  no commitment of delivery  time.

**Maximum weight/parcel: 30 Kilos.

THEODOR  and SFTO 1842, from the shipment of the parcel, the tracking number of which THEODOR undertakes to provide the client, accept no responsability for the delivery time guaranteed by the Post Office nor the effective receipt of the parcel nor the condition of the goods contained.

Any complaint or claim on the grounds of late delivery, bad condition of the merchandise or wrong receipt of the parcel, shall be put in with the Post services.

Just for information, the delivery times may vary from 2 days (Metropolitan France) to 1 month for some countries (Italy, USA, Belgium...) from shipment, THEODOR undertaking, as for it, to ship the orders within 2 days from the validation of the said.

When the shipment has been made under tracking, you have access to the parcel tracking from your own client account (Info>Orders>Details).

ARTICLE 13 – TRANSPORT

Our goods are transported at the customer's own risks, whatsoever the modes of shipment and even though the prices were specified as postage-paid.

ARTICLE 14 – CLAIMS

Eventual delays do not allow the buyer to cancel the sale, refuse to accept the merchandise or claim for damages.

You are bound to check the condition of the packaging and the conformity of the products on delivery of the parcel by the carrier.

Any claim as regards the condition of the products delivered shall be put in with the post office of the country of delivery.

Any claim as regards the non conformity of the products with the order placed shall be notified, by means of a registered letter with notice of receipt, not later than 72 hours from receipt of the goods, to the Customer Service of our company. An electronic mail can also be sent to us at the following adress: boutique@sfto1842.com

It will be your responsability to provide our company with any piece of evidence relative to the claim. In the case the claim is agreed to by our company, you will be granted the rights of pay back or exchange specified in Article 15.

In case of a claim, the transportation costs and other costs (Customs duties) related to the return of the products to SFTO 1842 will be at the buyer's expenses. The pay back of the products is due only  if nothing out of normal can be seen in the products. Should that occur, SFTO 1842 reserves the right not to pay back the client.

The client can express reservations on receipt of the products only in case of errors made with respect to the quantity or the nature of the products delivered, compared to the order.

ARTICLE 15 – PAY BACK

The products will be paid back, in the occurrences specified in Article 8, not later than 15 days from receipt of the products by us.

The pay back will be made, at SFTO 1842's choice, either by crediting your bank account,  or by means of a bank cheque sent at the order of the client who placed the order and to the invoicing adress, or by means of a credit note in the amount of the value of the product(s) paid back. No « cash with order » shipment will be accepted, whatsoever the grounds.

ARTICLE 16 – CUSTOMER SERVICE

We do our best to make your browsing  and purchases in theodor.fr as pleasant as possible, but if, despite our efforts, you feel unsatisfied or have problems, do not hesitate to contact us, we would  obviously find a solution to your concern.

For any assistance or questions as regards your order (advice, information...), you may get in touch with our Customer Service:

-        from abroad: +33 1 34 77 85 85

-        from Metropolitan and Overseas France: 01 34 77 85 85

from Monday to Friday and from  10:00AM to 06:00PM

-        or by e-mail at: boutique@sfto1842.com

-        or by fax: +33 1 34 77 85 84 (from abroad) or  01 34 77 85 84 (from  France)

-        you can also send us a letter to:

        SFTO 1842 – THEODOR

                       Service Client – On line

                        BP 34B – ZI RN 13

                   78720  Bonnieres sur Seine (France)

ARTICLE 17 – INTELLECTUAL PROPERTY

All the texts, comments, books and works, illustrations and images shown in the sweetea.com or theodor.fr sites are protected by copyrights and intellectual property rights, worldwide. Accordingly and as provided for by the code of intellectual property, the only use for private purposes, save different and even more restrictive provisions of the code of intellectual property rights, is allowed. Any total or partial reproduction of the site of SFTO 1842 is strictly prohibited.

ARTICLE 18 – LIABILITY

The products offered comply with the current French laws and regulations. SFTO shall not be liable for any infringement to the laws and regulations of the country of delivery. It shall be your responsability to check with the local authorities either it it possible to import or use the products or services you consider to order.

The pictures are shown as illustrations and are not contractual. We kindly invite you to refer to the description of each of the products to know the detailed characteristics of the said; and in case of any doubt or if you wish further information, do not hesitate to contact us (01 34 77 85 85).

SFTO 1842 is responsible only for the content of the pages it issues.

In case of obvious error and discrepancy betwwen the characteristics of the product and the representation and/or conditions of sale of the said, the responsability of SFTO 1842 shall not been engaged.

ARTICLE 19 – APPLICABLE LAW – DISPUTES

The present conditions written in French are the only binding ones.

The rights and obligations of the parties are covered by the French Law, and more specifically the regulations as regards the remote sales( articles L. 121-16 to L. 121-20 of the Consumption Code which include the  provisions of the Directive 97/7 dated May 20, 1997 relative to the protection of the consumers as regards the remote sales agreements).

Acceptations, drafts, mandates, delivery conditions do not bring any novation to nor departure from

this clause.

All disputes and claims, whatsoever the nature or the grounds of the said, shall be submitted to the French  Courts only.