Terms and Conditions of Sale
www.cesair.co (hereafter “the Website”) is available only for purchases made and delivered within the United States and Europe. Your use of the Website to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.
ORDERS & PRODUCTS
On the Website, all products are sold only to end consumers (18 years or older) who buy them for their own personal, non-commercial use, and not for business, entrepreneurial or professional purposes. CESAIR reserves the right not to process orders placed by persons other than the “consumer” or, in any case, orders that are not consistent with its business policy.
All orders are subject to email confirmation. Please note that the products displayed on the Website may be out-of-stock or discontinued, and availability is not guaranteed. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. The information included on the Website should not be relied upon or used as the sole basis for making decisions.
Before submitting an order through the Website, the Customer shall read carefully all the instructions provided during the purchase procedure along with these General Terms and Conditions.
To purchase a product, you must follow the purchase flow proposed on the Website.
Sending of the order constitutes an offer to purchase the selected product/s, regulated under these General Terms and Conditions and binding for the Customer (with no prejudice to the Return Policy under Section 5). The sending of the order proposal by the Customer obligates the same to pay the price of the ordered product(s) if the order is accepted and confirmed by CESAIR.
PRICES AND PAYMENTS
All prices are displayed in US dollars. Prices may change without notice from time to time. CESAIR regularly verifies that prices of the products displayed on the Website are correct; however, we cannot guarantee the absence of errors. In the event a product is listed at an incorrect price, CESAIR reserves the right, prior to delivery, to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or payment has been made. In such circumstances, CESAIR shall offer the Customer the opportunity to purchase the product at the correct price. If the Customer’s credit card or PayPal account has already been charged for the purchase and the order is cancelled prior to delivery, we will issue a credit to Customer’s credit card or PayPal account.
The total amount due is inclusive of sales tax applied in accordance with applicable state and local regulations based on your shipping address. We will send you the invoice by email when your order is shipped. Tax charges are calculated according to the current Sales Tax Policy for each State or Country. The applicable sales tax amount is indicated on the payment page of the cart.
The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the cart may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation email.
In the event that, for any reason, it is impossible to charge the amount due by the Customer prior to acceptance and confirmation of the order by CESAIR, the contract will not be executed and the order will be cancelled.
Payments accepted by CESAIR are major credit cards and PayPal.
You are responsible for the shipping costs associated with the delivery of the products you purchase on the Website as specified on your order confirmation.
SHIPMENTS AND DELIVERY
CESAIR, its suppliers and its logistics service providers shall deliver the products purchased by the Customer at the address and on the date indicated by the latter in the order, at the cost specifically indicated in the Website.
CESAIR shall send to the Customer a Shipping Confirmation via email once the products are dispatched. The delivery times indicated by CESAIR are purely indicative. Any delay on such times, or partial deliveries of the product, shall not entitle Customer to reject the product and claim compensations or indemnities.
At the time of delivery of the products by the carrier, the Customer (or a nominated adult representative) is required to verify:
(i) that the number of items being delivered corresponds to that indicated on the delivery note; and
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
Any damages to the packaging and/or the product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Carrier’s delivery receipt. Except to the extent permitted under applicable laws, once the Carrier’s delivery receipt has been signed and no objection has been raised by the Customer, the Customer may not make any objection to the exterior characteristics of the delivered parcel.
You can choose to receive the products you have purchased at your chosen address or at a CESAIR boutique (if available), selected from those listed on the order form.
If you have chosen delivery to a point of sale, we will inform you of the products’ arrival at the boutique by email. In this case, you must collect the purchased products from the chosen point of sale no later than 15 days after the aforementioned email is sent. Should you fail to collect the products within the aforementioned period of 15 days, the purchase shall be understood, to all intents and purposes, to be automatically terminated. Consequently, it will no longer be possible to collect the products, which will be returned to CESAIR by the personnel of the chosen boutique. As a result of the termination of the contract of purchase of the products, you will be reimbursed the sums paid, within the time frame set forth in paragraph 5 below.
When you go to the CESAIR boutique to collect the order, you must show the sales assistant a copy of the delivery confirmation email, as well as a personal identification document. If you ask another person to collect the order, he/she will need to present the delivery confirmation email, a photocopy of your identification document, a document in which you authorize him/her to collect the order, and his/her own identification document.
We would like to remind you that you cannot pay for the items at the point of sale, which means that you cannot select the cash-on-delivery option if you choose delivery to a boutique.
If you have selected delivery to a boutique, the delivery timings and costs are the same as those for delivery to your chosen address.
RETURNS AND REFUNDS
Please refer to our Return and Refund Policy, which forms an integral part of these General Terms and Conditions of Sale.
Our order confirmation, these General Terms and Conditions of Sale and our other site policies shall be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions of Sale.
GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of Illinois (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of Chicago, State of Illinois.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. CESAIR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CESAIR OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. CESAIR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CESAIR NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, CESAIR’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CESAIR, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CESAIR NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH CESAIR IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND CESAIR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
CESAIR and the Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
ERRORS AND INACCURACIES
Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
Changes to These Terms of Sales
We reserve the right, in our sole discretion, to change these Terms of Sales at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Sales. Your continued use of this Site following the posting of changes to these Terms of Sales or other policies means you accept the changes.
In the event we make material changes to the Terms of Sales, notice of these changes will be posted on the homepage of this website and the revised Terms of Sales will take effect 30 days after their publication on this Site.
Entire Agreement and Admissibility
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
Last updated in March 2018