The general terms and conditions set out below constitute a distance sales contract and define CAPSKA’s and the customer’s rights and obligations in relation to the sale of products listed on the www.capska.com website.
For any query or claim relating to the products, their order, their personal data, the right to withdraw or the application of product warranties, the customer is invited to contact CAPSKA as follows:
Allée de Cindais
14320 ST ANDRE SUR ORNE
European Union VAT n° : FR07522416940
Tel. : +(33) 2 31 53 20 70
All content on the www.Capska.com website (illustrations, text, headings, trade names, images, videos) is the property of SARL CAPSKA. No reproduction of this website, in whole or in part, is permitted without the express prior authorisation of SARL CAPSKA. CAPSKA will not allow the creation of hypertext links without its express prior approval.
SARL CAPSKA accepts no liability for temporary or permanent damage to the customer’s computer system nor for any potential losses or damages which may be suffered as a result of accessing or browsing its website.
These terms and conditions are agreed between SARL CAPSKA, hereinafter referred to as “CAPSKA.COM”, and those persons wishing to make a purchase via the website www.Capska.com.
The Customer may be either a Professional Client or a Consumer. Certain provisions of the general term and conditions will apply only to Professional Clients or, conversely, only to Customers who are Consumers. Professional Clients must therefore undertake to indicate their status as professionals when placing their order. CAPSKA.COM reserves the right to cancel an order if a Professional Client fails to fulfil this obligation.
The placing of an order indicates full and unconditional acceptance by the Customer of the General Terms and Conditions of sale set out below, to the exclusion of any other document or element such as the Customer’s impressions, leaflets or promotional catalogues issued by CAPSKA.COM which are purely indicative. By validating their order the Customer thus confirms their full and unconditional acceptance of these Conditions of sale.
Notwithstanding, CAPSKA.COM reserves the right not to comply with any customer requests that are unreasonable or that conflict with its General Terms and Conditions.
A waiver by CAPSKA.COM of any one of these General Terms and Conditions shall not imply a future waiver of any other of these Terms and Conditions. Cancellation of any individual provision of these General Terms and Conditions shall not affect the validity of these Terms and Conditions as a whole.
CAPSKA.COM pays great attention to the way its products are presented online and to the information it provides regarding the essential features of the products, and specifically with respect to the technical descriptions supplied by its partners and suppliers and to the photographs illustrating the products. The majority of the editorial information (photographs, texts, diagrams, technical information sheets, descriptions) comes from documentation drawn up by the manufacturers or producers and is reproduced with their permission and under their control.
In this context CAPSKA.COM undertakes to respond to any request for additional information about its products. However, CAPSKA.Com cannot be held liable for any modifications or errors with regard to the description of the product/s bought, except in the event that they have a bearing on the essential features of the product/s.
Placing an Order
The Customer warrants that he/she is entitled to enter into this agreement, that is to say that they are of legal age and not under guardianship.
The Customer shall place his order in accordance with the instructions provided on the website. He/she undertakes to fill in the order taking all due care to provide the required information accurately and in full. The Customer is responsible for all information entered when placing the order. In the event of a mistake in the destination details (name, address etc) CAPSKA.COM shall not be liable for any delays this may cause in delivery of the product/s. Re-sending of the product/s will be at the Customer’s expense. CAPSKA.COM shall not be held liable in the event of an error in the measurements taken by the Customer. Dimensions can not be modified once an order has entered the manufacturing phase (status "03 – Awaiting receipt from supplier” and "04 -Preparation in progress”).
For the avoidance of doubt a purchase on the www.CAPSKA.COM website involves the following steps:
- The Customer selects their product/s by clicking on the “Order” button.
- A summary of the order will appear, to be checked and corrected as necessary by the Customer.
- The Customer validates the order by clicking on the “Confirm order” button.
- The Customer fills in their personal details and the delivery address for the order.
- The Customer finalises the order by clicking on the “Order with payment obligation” tab and then agreeing to these General Terms and Conditions by ticking the box.
- The Customer proceeds with payment on the secure page of CAPSKA.COM’s financial partner.
- Payment of the order by the Customer legally finalises the distance sales contract agreed with CAPSKA.COM and the Customer will receive an email as confirmation.
The prices of the products featured on the www.CAPSKA.COM website are given in euros including all taxes but excluding the costs of delivery, packaging, preparation and insurance. Delivery costs can be calculated by the Customer during their selection of products.
The total amount is shown at the end of the order, before validation. The amount charged to the Customer is the price specified on confirmation of the order which shows the cost of the product/s net of VAT plus the delivery costs plus VAT at the applicable rate.
CAPSKA.COM reserves the right to revise its prices at any time. However, no change in price may be applied once an order has been taken. The price of the goods that are ordered is the price appearing on the website on the day the order is placed.
When a product is shown as being on special offer, the reference price (crossed out price) is the lowest price to have been charged by CAPSKA.COM during the period of 30 days prior to the beginning of the special offer. The percentage or euro reduction shown next to the special offer price is based on the reference price.
Orders are payable in euros, in full and in cash.
The following forms of payment are accepted:
- Credit or debit card (Visa, Carte Bleue, Mastercard) total order amount debited within 3 working days.
- Paypal, total order amount debited the day the order is placed.
- Bank transfer: the order will only be processed on receipt of payment on the company’s account or on receipt of an acknowledgement of receipt of the transfer.
- Administrative payment order, available only for local authorities and public bodies, and subject to prior agreement with CAPSKA and receipt of official confirmation of the order (internal purchase order or other documentary proof of the order).
CAPSKA reserves the right to suspend any order or delivery in the event that a payment by credit or debit card is not authorised by the officially accredited organisation, or in the event of non-payment.
CAPSKA also reserves the right to refuse to carry out a delivery or to honour an order from a Customer who has not paid all or part of a previous order or with whom there is an ongoing dispute over payment.
Products are offered for sale subject to available stocks and the ability of CAPSKA.COM to obtain the products from its suppliers. However, CAPSKA.COM provides product availability information to the Customer on the product description sheet.
In the case of products that are cut to measure, production lead times are shown on the “Delivery” page.
In the event that one of the products that has been ordered is not available when the Customer’s order is being prepared or the production lead time will be longer than specified, CAPSKA.COM undertakes to contact the Customer by email or telephone to inform them when they will be able to deliver the product.
In the event that it is not possible to obtain the supply of a product, the Customer will be offered another product of equivalent quality, features and price, or will have the option of cancelling their order. In the event that the Customer cancels the order for the product in question, the refund for the unavailable product will be made in accordance with the terms set out in the Right to Withdraw.
CAPSKA.COM products that are offered for online purchase will only be delivered in mainland France and Corsica. CAPSKA.COM thus reserves the right to decline to process any order for which the delivery address is not located in mainland France or Corsica.
Delivery is made at the address specified by the Customer on the delivery form. It will take place at the entrance to their home in the case of a house, or in the entrance hall of the building if the Customer lives in an apartment. The transport company is not expected to deliver to the interior of the Customer’s home.
Capska shall be considered to have carried out delivery when the product/s that have been ordered are handed over by the transport company to the Customer. Transportation will be carried out by an independent firm. The Customer undertakes to sign the product delivery note. The transport company will advise the delivery date or make an appointment depending on the nature of the package. In the event that the Customer is absent at the time of delivery the transport company may leave the package at a pick-up point in order to avoid delaying delivery. The Customer shall make every effort to collect the package within a period of 10 working days after notification of delivery is given either in their letterbox or electronically. Failure to do so will result in the package being returned to Capska. It is agreed that the costs of re-sending the package to the Customer will be at the Customer’s expense.
Deliveries are carried out in accordance with the time-frames shown on the www.CAPSKA.COM website, depending on the delivery option selected when the email confirming despatch of the order is sent. In the event of a foreseeable delay to delivery, CAPSKA will inform the Customer by email as quickly as possible and will provide an estimate of the additional time necessary for delivery. In any event, Capska undertakes to deliver to Consumer Customers within a maximum period of 30 days from confirmation of the order. In the event that this deadline is exceeded by more than 7 days other than for reasons of force majeure, the Consumer Customer will be entitled to cancel the distance sales contract with CAPSKA.COM by registered letter with acknowledgement of receipt. In this event Capska undertakes to reimburse the Consumer Customer by cheque within a period of 14 days from receipt of the registered letter.
For Professional Clients the time-frames are given as guidance depending on Capska’s supply and transport capacities, unless a specific commitment to fixed dates and times is agreed in writing between Capska and the Professional Client. In any event, Capska will use its best efforts to adhere to the delivery time-frames that are specified when the Professional Client’s order is registered. In the absence of a specific commitment, failure to observe the delivery time-frames may not entail any claims for damages, withholding of payments or cancellation of orders in progress. Capska is entitled to carry out complete or partial deliveries. In the event that the ordered product/s become temporarily or permanently unavailable, notably due to failures by a supplier, Capska will alert the Professional Client as quickly as possible, and will give the date on which the order should be able to be honoured, if applicable.
It is the Customer’s responsibility to check the state of the packaging and product/s, and the number of products delivered, as soon as they are received.
In any event, it is the Customer’s responsibility to note clearly and precisely on the transport company’s delivery or acceptance document, any objection, damage to the product/s whether incurred during transport or otherwise, missing parts or lateness, and to notify the reasons for the complaint to the transport company by registered letter with acknowledgement of receipt within a period of three (3) days excluding public holidays after receiving the products.
Without prejudice to any actions to be taken in relation to the transport company, claims relating to visible defects or non-conformities in the product/s delivered must be communicated to Capska in writing within a period of 3 days from the delivery date or availability of the product/s for collection. The Customer shall provide evidence of the defects or anomalies found, which shall include providing Capska with a copy of the letter of complaint sent to the transport company and a photocopy of the delivery document on which the objections have been noted. The Customer shall co-operate in enabling Capska to verify the claims. After this deadline, no claim, whether legal or for amicable settlement, can be accepted.
In any event, Capska cannot be held responsible for any delay or failure to deliver as a result of force majeure or through the fault of the Customer.
Capska reserves the right to use the most appropriate transport company and to modify the Customer’s choice, if necessary, in order to ensure that its products are delivered satisfactorily.
Cooling off Period/Right to Withdraw for Consumer Customers
In accordance with article L121-20 of the Consumer Code the Consumer Customer is entitled to a cooling off period of 14 clear days starting from the date on which the ordered products were received.
In accordance with article L 121-21-8 of the Consumer Code, the right to withdraw may not be exercised in relation to goods that are made to the Customer’s specifications or are clearly personalised (e.g. glass cut to measure).
The Customer must return the product/s to the address given by Capska within the cooling off period, and in the original packaging, unused and in perfect condition with no traces or marks, and with all the accessories (including the instruction manual) plus any free gifts that may have been supplied. The product/s must be returned with a copy of the invoice together with the completed return document. The costs of returning the product/s are to be met by the Customer. If the Customer fails to comply with all the conditions required for return of the product/s Capska may deduct from the amount to be refunded a proportion of the sales price equivalent to the value of any missing product/s and the repair, replacement and/or restoration of any product/s which may have been damaged.
Unless the Customer has agreed otherwise, the refund will be made using the same payment method as the one used by the Customer when placing their order.
Capska undertakes to refund the Consumer Customer within a period of 14 days from the Consumer Customer giving notice of their wish to withdraw.
Notwithstanding, Capska reserves the right to delay reimbursement until the product/s have been recovered or until the Consumer Customer has provided proof that the product/s have been sent.
“Priority Processing” delivery option (Mainland France only)
The order is given priority for processing and the delivery time will depend on the Customer’s choice of transport company.
Payment by credit or debit card is recommended.
Orders placed before 12.30pm on a weekday (Monday to Friday) will be despatched the same day.
Orders placed on a Saturday, Sunday or public holiday will be despatched on the next working day.
Orders placed after 12.30pm will be despatched the following day.
The processing time for the order is quicker but the transport time will not change. The delivery time-frames given by the transport companies will remain the same.
Customers located in Corsica should add one additional day to the time-frames above. If the “Priority Processing” option is not selected the standard delivery conditions will apply.
The Priority Processing option will be activated on receipt of payment (credit or debit card, Paypal or bank transfer). In the event of failure to deliver on time (for reasons other than adverse weather or difficulty in finding the Customer’s address) the Customer may make a claim by email to email@example.com
The “Priority Processing” option is not mandatory.
Note: As certain specific glass panels take longer to supply (between 5 and 15 working days) the “Priority Processing” option will apply in relation to the end of the time-frame specified in the product description at the latest.
The Customer is responsible for use of the product/s.
The Customer acknowledges that he/she is aware that products offered for sale by Capska may contain elements which are harmful and hazardous. Capska therefore recommends that when using the product/s ordered the Customer follows the safety instructions and recommendations for use specified in the product description on the www.CAPSKA.COM website, on the product packaging and the information sheet if applicable.
In view of this, the Customer undertakes to ensure that the product is maintained in good condition, to use it in accordance with its intended purpose, and to follow the guidelines provided by Capska and the manufacturer.
It is thus recommended that the Customer refrains from making any changes to the product, installing accessories or additional parts, or adding any other devices to the product.
The Customer undertakes to store and use the product/s according to the regulations in force and to comply with all his/her legal obligations. Capska can in no circumstances be held liable for defects or damage to products it has supplied that are the result of their being stored, kept or used in abnormal or improper conditions after they have been delivered.
The Customer shall co-operate in enabling Capska to verify the existence of any defects or anomalies.
In the event that a defect is found, the product/s concerned may be returned to Capska. No product return will be accepted for any reason without the prior written approval of CAPSKA.COM. Products which the parties have agreed to be defective or non-compliant will be subject to reimbursement, which unless otherwise agreed with the Customer will be made using the same payment method as the one used for placing the order, or to replacement at Capska’s discretion.
Any shipping costs are to be borne by the compagny CAPSKA.
In the event that CAPSKA.COM is held liable as a result of any failure on its part, compensation will only be applied in respect of direct, personal and certain damage suffered by the Customer, to the express exclusion of compensation for any form of indirect and immaterial damage and/or prejudice, such as financial prejudice, damage to image, etc. The amounts of damages and interest CAPSKA.COM may be obliged to pay under such circumstances shall in any event be limited to the value of the order.
CAPSKA.COM can in no way be held liable for any injury to life, body or health.
In any event CAPSKA.COM declines any liablity for:
- Normal wear and tear of its products
- Damage or accidents resulting from negligence, improper surveillance or maintenance, or incorrect use.
- Damage as a result of modifications, additions or repairs to the product.
- Damage caused by failure to follow the recommendations for use of the product included in the product description.
In the event of a Force Majeure occurrence, act of God or external cause, including fire, floods, total or partial strikes, company closures, impediments to movement, deliberate damage, theft, changes to regulations, inability to be supplied with raw materials, disruption of energy supply, malfunctioning or interruptions of electricity supply or telecommunications, CAPSKA.COM will be released from its obligations to deliver and will not be held liable from the date of such occurrence, and undertakes to inform the Customer with all speed.
In this context, Capska shall inform the Customer of the force majeure event making it impossible to fulfil its obligations as soon as possible and by any means.
The transmission of data on the internet can lead to the appearance of errors and/or the site not always being available. Capska cannot therefore be held liable for the availability or interruption of its online service.
After-sales service and guarantee
Apart from cases involving legal warranties or manufacturers’ guarantees, the products sold by CAPSKA.COM may be guaranteed for a period of one year in accordance with the information provided in the product description. The guarantee is implemented in accordance with the return procedure specified in the “After-sales service and guarantee” section. The guarantee comes into force on the date the Customer receives the product. The guarantee is limited to the exchange, refund or repair of the product. The guarantee does not cover normal wear and tear, or damage caused by incorrect or improper use, particularly in the event of electrical connection error, power surges, mechanical alterations, falling or lack of maintenance.
It should be noted that CAPSKA.COM cannot be held liable in the event that the manufacturer refuses to apply his guarantee for justifiable reasons.
In order to be covered by the product guarantee the Customer is requested to retain the purchase invoice and the original packaging.
In accordance with Order n° 2015-1033 dated 20 August 2015, the enactment decree n°2015-1382 dated 30 October 2015, and Articles L.611 to L.616 and R612 to R616 of the Consumer Code, the Consumer Customer is able, subject to article L.152-2 of the Consumer Code, to put forward a request for amicable resolution of a dispute by the Ombudsman within a period of less than one year after they have made a written claim to Capska.
Capska has nominated SAS Médiation Solution as the relevant consumer organisation (mediation agreement registered on 20 June 2019, reference no CS000298/1906.
To file a claim with the Ombudsman, the consumer must send their request by email to firstname.lastname@example.org, specifying their postal address , email address and telephone numbers, giving a brief account of the facts and providing evidence of the approaches they have already made to CAPSKA.COM.
CAPSKA.COM collects, records, changes, uses and transmits internet users’ personal data in the framework of fulfilling orders placed via the website, customer relations, customer service and advice and to protect CAPSKA.COM’s commercial interests, notably for the purposes of conserving evidence of transactions. To the extent required to enable it to carry out its obligations, CAPSKA.COM transmits personal data to third parties, for example the transport companies.
In accordance with the French data protection law N°78-17 dated 6 January 1978 the Customer is entitled to access, modify, rectify and delete their data. In order to exercise this right the Customer must simply send a letter to the following address: Société CAPSKA - Service Marketing – Allée de Cindais - 14320 ST ANDRE SUR ORNE.
The Customer is entitled in any event to object to the use of their personal data. The use of personal information for other purposes shall only be possible with the Customer’s prior agreement.
By registering on www.CAPSKA.COM, the Customer undertakes to provide information about him/herself which is true and accurate. Communication of false information is a breach of these General Terms and Conditions and of the conditions of use appearing on the website.
Recycling and waste
Capska will provide details on request of a specialised waste disposal site or treatment facility close to its premises. It can also provide details of distributors of electrical and electronic waste or batteries, who market such products under their trade name, or of persons authorised to recover such waste.
In any event the Customer can deposit such waste at any appropriate waste collection site.
Disposing of items of electrical and electronic waste, batteries and storage batteries as part of domestic household waste or dumping them in the natural environment is strictly prohibited. Items of electrical and electronic waste may contain hazardous substances with potentially serious effects on health and the environment. By participating in the recovery of end-of-life electronic items the customer will be making a contribution to conserving natural resources and health protection.
Applicable law – Limitation period - Jurisdiction
The parties agree that these General Terms and Conditions and the consequences arising therefrom are subject to French law. The language of these Terms and Conditions and the relations between the parties is French, and the original French version shall prevail in all cases.
The parties agree that any action entered into under the terms of this agreement by a Professional Client must be brought within one year in accordance with article 2254 of the Civil Code. Any disputes between professionals will be under the exclusive jurisdiction of the Court of CAPSKA’s registered office, to which jurisdiction is expressly granted in advance, even in the event of an appeal in warranty or multiple defendants.
Mandatory information for Consumer Customers
In accordance with article L.211-15 of the Consumer Code, the following articles from the Consumer Code are reproduced below: L 211-4, L 211-5 et L 211-12 , in addition to article 1641 and the first sub-paragraph of article 1648 of the Civil Code. The Consumer Customer expressly acknowledges having taken cognisance of these provisions prior to placing their order.
Article L211-4 of the Consumer Code:
“The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility”.
Article L211-5 of the Consumer Code :
“To be in conformity with the contract, the goods must: 1° Be fit for the purpose usually expected of similar goods and, where applicable: - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter”
Article L211-12 of the Consumer Code :
“Any action arising from a lack of conformity shall be barred after a period of two years from the date of delivery of the goods.”
Article 1641 of the Civil Code:
“The seller shall be liable for any hidden defects in the goods sold which render them unfit for the purpose for which they were intended, or which reduce that purpose to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, if he had known of them.”
Article 1648 of the Civil Code:
“Any action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
When acting under the legal guarantee of conformity, the consumer customer : Has a period of 2 years from the date of delivery of the goods to take action; Can choose between repair or replacement of the goods, subject to the cost conditions set out in
Article L211-9 of the Consumer Code;
Is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.”
The Consumer Customer may elect to implement the guarantee against hidden defects of the goods sold within the meaning of Article 1641 of the Civil Code. In this case, they can choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Version dated September 2020