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General terms and conditions

Legal information and purpose of these Terms of Service

The present Terms and Conditions of Service of the company e-comeo OÜ (hereinafter "Terms and Conditions of Service") - whose full contact details are available in the Terms and Conditions of Use, accessible from the footer of the site. 

(hereinafter "Cilanda") - are intended to define the rights and obligations of Cilanda and the Subscriber (hereinafter referred to as the "Subscriber") in connection with the paid services accessible from the website Cilanda.com (hereinafter the "Website") published and operated by Cilanda.

The conditions of use of the Site and of the free services accessible from it are defined in Cilanda's General Terms of Use, accessible from the footer of the site.

The conditions of sale of products from the Site are defined in Cilanda's Terms and Conditions of Sale, accessible from the footer of the site.

The Cilanda Subscriber Service can be reached by e-mail at contact@Cilanda.com

Cilanda reserves the right to modify these Terms of Service at any time and will notify the Subscriber one (1) month prior to their entry into force. If the Subscriber refuses to accept these modifications, he may cancel his Subscription under the conditions set out in these General Terms of Service within one (1) month of notification.

Definitions

The following terms, whether used in the singular or plural in these Terms and Conditions of Service, shall have the following definition:

  • Subscriber: refers to any natural person aged 18 or over, contracting with Cilanda in order to benefit from a Subscription, for his/her personal needs;
  • Subscription: refers to the contract subscribed to by the Subscriber with Cilanda in order to benefit from the Specific Services under the conditions set out in these General Terms of Service.
  • General Terms of Service: refers to the present General Terms of Service;
    Privacy Policy: refers to the privacy and personal data protection policy implemented by Cilanda and accessible from the site footer, which forms an integral part of these Terms of Service;
  • Account: refers to the account created by the Subscriber on the Site and accessible by the Subscriber by means of a login and password;
  • Personal Data: refers to the Subscriber's personal data collected and processed by Cilanda as part of the Subscription, under the terms and conditions defined in the Privacy Policy;
  • Withdrawal form: refers to the form used by the Subscriber to exercise his/her right to withdraw from the Subscription;
  • Specific Services: refers to the functionalities and services as defined in the article "Subscription terms and conditions" made available to Subscribers and accessible from the Site, subject to the creation of an Account, payment of the Subscription price and acceptance of the present General Terms of Service;
  • Site: refers to the Internet site published by the company e-comeo OÜ, accessible via the URL address Cilanda.com.
  • Cilanda: refers to the company e-comeo OÜ whose registered office is located at Lõõtsa tn 2a, 11415 Tallinn, Estonia, registered under the number 16563515.Presentation of the Subscription and Specific Services

All Subscribers have unlimited access to the Specific Services for the entire duration of their Subscription, subject to effective payment by the Subscriber of the price of their Subscription under the conditions set out in these General Terms of Service and the creation of an Account.

Specific Services are accessible exclusively from the Subscriber's Account.

Among the Specific Services, Cilanda offers the Subscriber member benefits such as discounts of up to 50% on all products available in the store and free delivery.

Subscribers receive confirmation of their login and password by e-mail when they place their order.

All Specific Services are detailed on the Subscriber's Account.

The Subscriber is free to cancel his or her Subscription from his or her Account at any time.

Subscription terms and conditions

Prior registration by creating an Account on the Site

Before taking out a Subscription, the Subscriber must create an Account on the Site and fill in the information requested, in particular his/her Personal Data.

Once an Account has been created, the Subscriber will receive an e-mail confirming this.

Only one Account per person (same surname, same first name, same e-mail address) will be accepted.

The Subscriber guarantees the accuracy, sincerity and reliability of the information provided, particularly the Personal Data.

In particular, the Subscriber provides a single valid and functional e-mail address, which will serve as a means of communication between the Subscriber and Cilanda.

The Subscriber may also, without any particular obligation, provide his or her telephone number. In this case, we remind the Subscriber of his or her right to register on an opposition list against telephone canvassing.

It is therefore up to the Subscriber to modify any change of contact details at any time and as soon as possible via his Account accessible on the Site.

Consequently, Cilanda cannot be held responsible for any lack of diligence on the part of the Subscriber in subscribing, modifying and updating his or her Personal Data, and as a result of erroneous contact details, with their consequences on the Subscription, in particular the delivery of the Specific Services.

The Subscriber has access to his or her Account by means of a login and password that he or she creates when creating the Account. The Subscriber is solely responsible for the use of these identification elements, and is required to keep them secret. Cilanda cannot be held responsible for the loss or theft of these identification elements.

These elements may be modified only on the Subscriber's initiative or Cilanda in the event that the Subscriber forgets his/her password, upon written request.

Order process

The Subscriber must go to the Site and subscribe to the Subscription in the appropriate section.

The Subscriber then enters his/her login and password to connect to his/her Account.

By ticking the appropriate box, the Subscriber expressly accepts the terms of these General Terms of Service.

The Subscriber pays for the Subscription by credit card.

The Subscription taken out by the Subscriber will only be definitive once the Subscriber has actually paid for it.

Subscription confirmation by Cilanda.

Any Subscription taken out by a Subscriber on the Site is immediately confirmed in writing by Cilanda, sent by e-mail to the Subscriber.

Subscription duration

The Subscription is for a period of 30 days, tacitly renewable indefinitely, and gives rise to a monthly direct debit under the conditions of article VII.

To be valid for the current month, the cancellation request must be received by Cilanda no later than the 15th of the current calendar month.

Cancellation requests received by Cilanda after the 15th of the month (or if direct debit of the monthly Subscription fee is in progress or has been completed) will only be considered for the following calendar month.

Cancellation requests can be made using the contact form available on the Website under the heading " contact ", by sending a Subscription cancellation request, or directly by e-mail to the following address: contact@Cilanda.com.

This cancellation request is effective from the date of receipt by the Subscriber of the e-mail from Cilanda acknowledging receipt of the request.

If the cancellation request is made while the monthly Subscription fee is being debited or has already been debited, access to the Specific Services corresponding to this debit will be extended and the cancellation will only take effect for the following month.

Early termination - Account deactivation

In the event of non-compliance by the Customer with all or part of the obligations under the General Terms of Service and/or General Terms of Use, including payment difficulties and/or fraud or attempted fraud relating to the Specific Services, Cilanda reserves the right, without prior notice, to suspend access to the Subscription or, depending on the seriousness of the acts, to terminate the Subscription and/or deactivate the Customer's Account without the latter being able to claim damages.

Cilanda reserves the right to refuse to contract with an Internet user who has been excluded or sanctioned for such conduct.

Prices and payment

The subscription price displayed on the Site includes all taxes.

Payment can only be made by credit card (Visa, MasterCard) on the Site.

Payments by PayPal, American Express or other payment methods will not be accepted.

Payment is made on the Site via a secure banking platform managed by a third-party company. In this context, Cilanda has no access at any time to the Subscriber's payment information and cannot be held responsible in the event of fraudulent use of the payment methods used.

The Subscriber is informed that the Subscription price may be revised by Cilanda at any time at its own discretion.

The Subscriber will be informed of these modifications by Cilanda by e-mail at least two (2) months before the new rates come into effect.

If the Subscriber does not accept the new rates, he/she may cancel his/her subscription in accordance with the terms and conditions set out in Article V of these General Terms of Service.

The Subscriber accepts a monthly direct debit of an amount defined at the time of order. Thus, as long as the Subscription continues, the Subscriber will be debited automatically between the 1st and 31st of the month for this amount, and the Subscriber will have unlimited access to the Specific Services without interruption.

The Subscriber undertakes to take the necessary steps to ensure that the monthly Subscription fee can be debited automatically each month under the conditions specified in the present article.

Delivery

Specific Services are immediately accessible to the Subscriber upon full payment of the Subscription, from the Subscriber's Account on the Site.

Access to Specific Services is immediate from the Subscriber's Account on the Site upon full payment of the Subscription.

Right of withdrawal

In accordance with :

  • article L. 221-9 of the French Consumer Code:

"The professional provides the consumer with a dated copy of the off-premises contract, on paper signed by the parties or, with the consumer's agreement, on another durable medium, confirming the express commitment of the parties.

This contract includes all the information specified in article L. 221-5.

Where applicable, the contract shall mention the consumer's express agreement to the supply of digital content independent of any material support before expiry of the withdrawal period and, in this case, the consumer's waiver of the right to withdraw.

The contract is accompanied by the standard withdrawal form mentioned in 2° of article L. 221-5 ".

  • Article L. 221-13 of the French Consumer Code:

"The trader shall provide the consumer, on a durable medium, within a reasonable time after the conclusion of the contract and at the latest at the time of delivery of the goods or before the start of performance of the service, with confirmation of the contract including all the information specified in article L. 221-5, unless the trader has already provided it to him, on a durable medium, before the conclusion of the contract. The contract is accompanied by the standard withdrawal form mentioned in 2° of the same article.

Where applicable, the trader shall provide the consumer, under the same conditions and before expiry of the withdrawal period, with confirmation of his express agreement to the supply of digital content not presented on a tangible medium and of his waiver of the right to withdraw ".

  • article L. 221-26 of the French Consumer Code:

"A consumer who has exercised his right of withdrawal from a contract for the supply of digital content not provided on a tangible medium is not liable for any sum if:

1° The trader has not obtained the consumer's prior express agreement to perform the contract before the end of the withdrawal period, and has not provided proof that the consumer has waived his right to withdraw;

2° The contract does not include the information specified in the third paragraph of article L. 221-9 and the second paragraph of article L. 221-13 ".

  • article L. 221-28 of the French Consumer Code:

"The right of withdrawal cannot be exercised for contracts :

(…)

The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal."

Subscribers wishing to exercise their right of withdrawal may decide to withdraw from their Subscription, without having to give any reason, within thirty (30) clear days of receiving their login details for access to the member area of the site, by sending the duly completed withdrawal form by e-mail or post to Cilanda.

As soon as possible after the Subscriber has received the Withdrawal Form, Cilanda will acknowledge receipt by e-mail and suspend the Subscriber's access to the Specific Services.

If the Subscriber wishes to benefit from the Specific Services, and therefore his Subscription, without waiting for the thirty (30) day period from his subscription, then Cilanda shall obtain his express request by means of an opt-in when he subscribes to the Subscription.

Subscribers who exercise their right of withdrawal after having requested that the Subscription begin before the (30) thirty-day period shall pay Cilanda an amount corresponding to the Specific Services provided up to the communication of their decision to withdraw.

This amount is invoiced on a prorata temporis basis for the Subscriber's use of the Subscription up to the communication of his decision to withdraw.

Personal data

The Subscriber's Personal Data is processed in accordance with Cilanda's Privacy Policy, which can be accessed from the site's footer.

Assistance - Claims

For any information, queries or complaints of a technical nature, or concerning the Specific Services, the Subscriber is invited to send a request to the following e-mail address: contact@Cilanda.com.

Miscellaneous provisions

Correspondence - Proof

Unless otherwise specified in these General Terms of Service, correspondence between Cilanda and the Subscriber is mainly by e-mail.

In application of articles 1366 et seq. of the French Civil Code, the Subscriber acknowledges and accepts that the information delivered by Cilanda by e-mail is binding between him/her and Cilanda.

Elements such as the time of reception or transmission, as well as the quality of the data received, will be deemed authentic by priority as they appear on the aforementioned media, or as they are authenticated by Cilanda's computerized procedures, unless the Subscriber provides written proof to the contrary.

The scope of proof of information provided by the Site is that of an original in the sense of a written paper document, signed by hand.

Complete Terms and Conditions of Service

These General Terms of Service express the entirety of the obligations of Cilanda and the Subscriber with respect to their subject matter. The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to herein, shall not be interpreted for the future as a waiver of the obligation in question.

No Partial validity

In the event that one or more stipulations of these General Terms and Conditions of Service should be considered invalid, deemed unwritten or declared as such in application of a law, regulation or following a decision of a competent court having final authority, the other stipulations shall retain all their force and scope and remain fully applicable, unless the invalid stipulation(s) were of a substantial nature and their disappearance would call into question the contractual balance.

Titles

In the event of difficulties of interpretation between one of the headings appearing at the top of the clauses of the present General Terms of Service and one of the clauses, the headings will be declared non-existent.

Applicable law and settlement of disputes

These General Terms of Service are governed by French law.

In the event of any dispute arising in connection with these General Terms of Service, their interpretation and consequences, or with the acts supplementing or modifying them, the Subscriber shall contact Cilanda in order to attempt to reach an amicable solution. All complaints to Cilanda must be made in writing.

Failing amicable settlement, the Subscriber may choose :

  • To have recourse to an amicable mediation solution within a maximum period of one (1) year from the date of the Subscriber's written complaint to Cilanda, by either (i) contacting a mediator of the Subscriber's choice, or (ii) using the online dispute resolution system accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, it being specified that the proposed mediation process is not a prerequisite for the Subscriber to have recourse to the competent courts.
  • Bring his/her claim before the competent Estonian courts.

 

Appendix 1: Information on exercising the right of withdrawal

You have the right to withdraw from these General Terms and Conditions of Service within fourteen days without giving any reason.

The withdrawal period expires fourteen days after the conclusion of the contract.

To exercise the right of withdrawal, you must notify us e-comeo OÜ, Lõõtsa tn 2a, 11415 Tallinn, Estonia, by post or by e-mail to contact@Cilanda.comof your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). You may use the model withdrawal form, but this is not obligatory. Alternatively, you can complete and submit the model withdrawal form or any other unambiguous statement on our website.

If you use this option, we will immediately send you an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by e-mail).

In order for the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of withdrawal

In the event of your withdrawal from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.

If you have requested us to commence the provision of services during the withdrawal period, you will be required to pay us an amount proportionate to what has been provided to you up to the time you have informed us of your withdrawal from these General Terms of Service, in relation to the total services provided under the General Terms of Service.

If you have requested us to begin providing the services during the withdrawal period, you will be required to pay us an amount proportional to the services provided up to the time you informed us of your withdrawal from these General Terms of Service, based on the total services provided under the General Terms of Service.

Appendix 2: Withdrawal form

(Please complete and return this form only if you wish to withdraw from the General Terms of Service).

To the attention of e-comeo OÜ, Lõõtsa tn 2a, 11415 Tallinn, Estonia :

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the services (*) below:

Ordered on (*)/received on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only in the case of notification of this form on paper) :

Date :

(*) Delete as appropriate.

Cilanda
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