Terms and conditions
The present Terms and Conditions are concluded between, on the one hand, CYCLOPS.
- located 9 Rue Croisée 62170 Sempy, France.
- registered at RCS of Boulogne-sur-Mer under number 900453374.
- intra-community VAT number FR53900453374.
- capital 1000 €.
- e-mail : email@example.com
- phone : +33634236880
and, on the other hand, any individual of legal age wishing to make a purchase via the CYCLOPS website: www.cyclopsthebrand.com, exclusive property of CYCLOPS.
Last update : 23/02/2022.
1. Principles :
The present conditions govern the sale of any product presented on www.cyclopsthebrand.com website by CYCLOPS company and aim to define all of the obligations of the parties as well as the various stages of the order process.
These conditions may be subject to change. It is therefore understood that the applicable conditions are those in force on the site at the time the contract is placed.
The parties agree that the present general conditions exclusively govern their relationship, to the exclusion of any other condition. The items offered for sale may not be transferred in any way whatsoever.
Any order duly validated on the website www.cyclopsthebrand.com implies total and unconditional acceptance of these general conditions of sale.
2. Items and Products :
CYCLOPS undertakes to honor orders received on its website only within the limits of available stocks.
In the event of unavailability of the products ordered, CYCLOPS will contact the client by email as soon as possible, in order to inform the client of the cancellation or refund of the order.
Any claim by the client regarding the order or delivery of an unavailable item will be considered unfounded.
CYCLOPS endeavors to describe the products offered for sale as accurately as possible.
However, CYCLOPS cannot be held responsible for any errors or omissions in this presentation.
The illustrations and photos of the products in support of the text are not contractual.
CYCLOPS may not be held liable in any way on the basis of said illustrations/photos.
3. Price :
CYCLOPS reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not take into account delivery costs, which are invoiced in addition and indicated before the order is validated. The prices take into account the VAT applicable on the day of the order (prices including VAT) at the rate in force in metropolitan France and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be passed on to the selling price of the products.
In addition, the establishment of the order depends on the geographical area of delivery:
- For deliveries in metropolitan France and in countries belonging to the European Union, the order will be established including all taxes.
- For deliveries in the French overseas departments and territories and outside the European Union, the order will automatically be established without tax. Customs duties, other local taxes, import duties or state taxes may be payable upon entry into the country. These duties are not the responsibility of CYCLOPS. They are the sole responsibility of the purchaser in terms of declarations and payments to the competent authorities of the country concerned.
The products remain the property of CYCLOPS until full payment of the price.
4. Ordering :
The client who wishes to place an order must follow the following procedure:
- Choice of product: the client selects the product he wishes to order.
- Checking the contents of the selection: the customer checks the contents of his basket while keeping the possibility of deleting the products he has selected.
- Identification: the customer must fill in the identification form provided and indicate the information requested (mandatory information: title, surname, first name, address, date of birth, e-mail, telephone number for delivery).
- Verification of the order: the customer checks the content of his order, the total price, the delivery and billing addresses while keeping the possibility of deleting a product or modifying the billing and delivery address. He chooses his method of payment and must confirm his acceptance of these general conditions of sale by ticking the corresponding box. The validation of the order is only possible after having ticked this box.
- Acknowledgement of receipt of the order: the customer receives an email summarizing the contents of their order, namely :
- the order number.
- the list of products ordered
- the delivery terms and conditions.
- the present general terms and conditions of sale.
It is advisable to keep and print this document, which is the official proof of the order. The order is then recorded and processed by CYCLOPS which checks the availability of the product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the products available for sale.
- Confirmation of the dispatch of the order: the client receives an email confirming the dispatch of the order. The contract is deemed to have been concluded on the date this email is sent.
- Tracking of the order: The customer receives an email with the tracking number of his package. It is also possible to track orders in the customer area.
5. Delivery :
5.1. General :
The items offered for sale on www.cyclopsthebrand.com can be delivered to the following destinations:
List of destinations (countries)
- Metropolitan France (including Corsica and Monaco)
- Overseas department and territories : Guadeloupe (including St Barthélémy and St Martin), Martinique, Reunion Island, Guyana, Mayotte et St-Pierre-et-Miquelon
They will be delivered to the delivery address given by the customer on the order form.
5.2. Delivery terms and Conditions
For all products, the order is prepared within an average of 72 working hours (subject to stock availability) from the time the order is confirmed by email.
Orders are then delivered by Colissimo (La Poste) or Mondial Relay. As soon as the transporter takes charge of the order, the customer is delivered at home or in a relay point within the time specified above.
In the event of absence or impossibility of handing over the parcel, for the delivery at home, the delivery man will leave a notice of passage mentioning the date and the address of the post office where the customer will be able to withdraw his parcel.
The products are delivered to the address indicated by the purchaser on the order form, the purchaser must ensure that it is accurate. Any parcel returned to the seller because of an erroneous or incomplete delivery address will be reshipped at the buyer's expense.
The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
5.3. Delivery times and prices :
The delivery times announced on the site apply from receipt by the client of the order confirmation email sent by CYCLOPS.
Deliveries in metropolitan France and within the European Union are invoiced with French VAT.
For shipments outside metropolitan France, shipping costs are invoiced exclusive of VAT. Customs or import taxes are not included in the delivery costs indicated and are to be paid by the customer.
The delivery times announced on the site are purely indicative and depend on the destination and availability of the product ordered. Exceeding this deadline may not give rise to any cancellation of the order, any reduction in the price paid by the buyer, or any payment of damages.
However, and in accordance with the provisions of article L.121-20-3 of the French Consumer Code, in the absence of delivery at the end of a period of thirty days as from the day following the day on which the customer placed his order, the customer will have the possibility of canceling his order without charge. The sums paid by the customer will then be refunded.
In cases where it has the capacity to do so, CYCLOPS reserves the possibility to offer a product of equivalent quality and price to the initial product.
CYCLOPS shall not be held responsible for any additional delays caused by the non-issuance of a bank authorisation or an incomplete order form.
In case of partial delivery, transport costs will be charged only for the first delivery.
The products are insured by CYCLOPS until delivery.
The prices vary according to the type of delivery (home or Relay Point) and the country of destination.
Metropolitan France (including Corsica and Monaco)
Two delivery methods are possible:
- Colissimo home without signature
- Free delivery from 90 € of purchase, otherwise 6 €
- Delivery time of 2 to 3 days after shipping
- In case of absence, the parcel will be put at your disposal in the post office to which you are attached and you have 10 working days since the arrival of your parcel in post office to come and pick it, after this period it will be returned to the sender.
- Relay Point
- Free delivery from 90 € of purchase, otherwise 4 €
- Delivery time of 3 to 5 working days after shipping
- 14 calendar days to collect the parcel from the Mondial Relay retailer (note that this period may vary depending on the constraints of the activity and the services chosen), after this period, the parcel will be returned to the sender
Also, for an additional 2 € you can opt for the Hipli Colis option. We will then ship your order in reusable packaging !
DROM-COM (Guadeloupe including St-Barth and St-Martin, Martinique, Reunion, Guyana, Mayotte, St Pierre and Miquelon)
- Colissimo with signature
- Free delivery from 130 € of purchase, otherwise 20 €
- 5 to 7 working days after shipping
- Your parcel is delivered to you personally against signature, in case of absence it will be put at your disposal in the post office to which you are attached for a period of 10 working days since the arrival of your parcel in the post office, after this period it will be returned to the sender.
Europe (Belgium, Germany, Netherlands, Luxembourg)
- Colissimo with signature
- Free delivery from 130 € of purchase, otherwise 11 €
- 5 to 7 working days after shipment depending on the destination
Europe (Switzerland, United Kingdom, Spain, Portugal, Ireland, Italy, Austria)
- Colissimo with signature
- Free delivery from 130 € of purchase, otherwise 13 €
- 5 to 7 working days after shipment depending on the destination
5.4. Receipt of Products and Complaints :
If at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. In case of anomaly (missing or damaged product(s)) the customer :
- must make all necessary reservations on the delivery receipt
- must send a statement of reservations to the carrier within 48 hours of delivery by registered mail with acknowledgement of receipt
- send a copy of this letter to CYCLOPS Customer Service, 9 Rue Croisée 62170 Sempy - France
In case of doubt, the customer is advised to open the package in the presence of the carrier to ensure that there is no damage to the product(s). Failing this, no claim may be made by the client to CYCLOPS.
6. Payments :
The client may pay by credit card directly on the site, using a Visa or Mastercard.
Payment methods such as bank transfer and cash on delivery are not accepted.
The invoice amount will be debited from the customer's account on the date of payment.
In order to ensure the security of payments, the website www.cyclopsthebrand.com uses the secure payment service "Stripe". This service integrates the SSL security standard. Confidential data (the 16-digit credit card number, the expiry date and the visual cryptogram) are directly transmitted encrypted on the Stipe server without passing through the physical media of the server www.cyclopsthebrand.com.
When the order is validated, the payment request is routed in real time to the Stripe telepayment manager. The latter sends an authorization request to the bank card network. The telepayment manager issues an electronic certificate.
For any payment by bank card on the www.cyclopsthebrand.comwebsite, the electronic certificate issued by the telepayment manager shall be considered proof of the amount and date of the transaction, in accordance with the provisions of Articles 1316 et seq. of the French Civil Code. In this respect, the dates and times of the server will be deemed authentic between the parties.
CYCLOPS reserves the right to suspend any order processing and any delivery in the event of refusal of authorisation for payment by credit card by officially accredited organizations or in the event of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
7. Right of withdrawal :
The buyer has a period of 14 days to exercise his right of withdrawal. Within 14 days following the date of receipt of the goods ordered, the buyer may therefore request an exchange or refund of the item(s) purchased.
Beyond the 14 day period, CYCLOPS shall be free to refuse the exchange, credit note or refund.
The exchange or refund procedure is as follows :
- The purchaser must inform CYCLOPS of their wish to withdraw within 14 days of receiving their order. The buyer can find the withdrawal form here.
- The purchaser returns the product(s) within a maximum of 14 days after informing CYCLOPS of his/her wish to withdraw.
7.1. Exchange :
The exchange is made for the same item of a different size or color if the amount is the same and within the limit of stock availability. The exchange will be processed within a maximum of 14 days from the date on which CYCLOPS is informed of the client's decision to withdraw, provided that the product is returned in perfect condition, unworn and correctly folded.
The cost of returning the product(s) to be exchanged shall be borne by the client, CYCLOPS will bear the cost of returning the product(s) to the client.
7.2. Refund :
If the client opts for a refund, CYCLOPS will reimburse the client for the price of the product(s) within a maximum period of 14 days from the date on which CYCLOPS is informed of the client's decision to retract, provided that the product is returned in perfect condition, unworn and correctly folded. The refund will be made using the same payment method as the one used for the initial transaction. The cost of returning the product(s) to be exchanged shall be borne by the customer.
8. Legal guarantee of conformity :
The products sold are covered by the legal guarantee of conformity provided by articles 211-4 and following of the French Consumer Code and the guarantee against hidden defects (articles 1641 and following of the French Civil Code). These guarantees cover hidden defects and apparent defects from the date of delivery. The only obligation incumbent on CYCLOPS under this warranty is, at its option, the free replacement or repair of products recognised as defective without any other service or compensation.
This warranty does not apply to damage resulting from improper use of the product, normal wear and tear due to its use or failure to comply with washing and maintenance instructions. In order to benefit from the product guarantee, it is imperative to keep the purchase invoice for the product as well as the delivery note.
9. Confidentiality :
All personal information collected from the customer is necessary for the processing of the order, its delivery and the establishment of the invoice.
This information may be passed on by CYCLOPS to its contractual partners in the context of the execution of the order, in particular to ensure the transport of the products ordered.
CYCLOPS undertakes to protect this data concerning the client. In accordance with the French law of 6 January 1978 on information technology and civil liberties, as amended by the law of 6 August 2004, CYCLOPS has declared the processing of this personal information to the French National Commission on Information Technology and Civil Liberties (CNIL), registered under No. 13,30043.
In accordance with Article 34 of this same law, the client has the right to access, modify, rectify and delete data concerning him/her. In this case, the customer can modify his personal information directly in the "My account" section on the www.cyclopsthebrand.com website.
When a client account is created on the www.cyclopsthebrand.com site, CYCLOPS also offers the possibility of receiving information on new products or any other news by e-mail via the CYCLOPS Newsletter. The client may decide, at any time, to no longer receive this CYCLOPS Newsletter by unsubscribing via the unsubscribe link included in the footer of the e-mail.
Also, cookies are used in the context of the use of the www.cyclopsthebrand.com website. The user has the possibility to deactivate the cookies from the settings of his browser.
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and www.cyclopsthebrand.com cannot guarantee the security of the transmission or storage of information on the Internet.
In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: firstname.lastname@example.org.
- the right of access: they can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
- the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
- le droit de suppression des données : les utilisateurs peuvent demander la suppression de leurs données à caractère personnel, conformément aux lois applicables en matière de protection des données.
- the right to restrict processing: users may request the website to restrict the processing of personal data in accordance with the assumptions set out in the GDPR.
- le droit de s’opposer au traitement des données : les utilisateurs peuvent s’opposer à ce que leurs données soient traitées conformément aux hypothèses prévues par le RGPD.
- the right to portability: they can request that the website gives them the personal data provided to it in order to transfer it to a new website.
10. Force majeure :
CYCLOPS shall not be held liable for any events, inconveniences or damage inherent in the use of the Internet network, in particular in the event of a breakdown in service, external intrusion or the presence of computer viruses.
Furthermore, CYCLOPS shall not be held responsible for the non-performance of the contract concluded in the event of force majeure or fortuitous circumstances. All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonable efforts, shall be considered as force majeure. In addition to those usually accepted by the jurisprudence of the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: disruption or total or partial strike, in particular of postal services and means of transport and/or communications, earthquake, storm, lightning, flood, fire, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the clients. CYCLOPS shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses that may arise as a result of the present.
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
11. Applicable law :
The present general conditions are subject to the application of French law. The competent court is the judicial court.
This applies to both substantive and formal rules. In the event of a dispute or claim, the purchaser shall first contact CYCLOPS to obtain an amicable solution.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
12. Customer service and support :
You can contact Customer Service free of charge by email for any question relating to your order, its shipment and its follow-up: email@example.com
13. Intellectual property :
The content of the website remains the property of CYCLOPS, the sole owner of the intellectual property rights on this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods is strictly prohibited.