Terms & Condition

Terms & Condition

I - GENERAL PROVISIONS

The General Terms and Conditions of Sale detailed below apply to all orders placed with Cuctos for all products and services offered on the website (T&C’s). They can be accessed at any times on the website.

Cuctos reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a client implies complete adherence, without reservation, to these terms and conditions.

II - WEBSITE'S INFORMATION AND ACCESS

www.cuctos.com is available to all users of the internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by Cuctos or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e., “force majeure events” as recognized by the French courts. Cuctos is not liable for any damage incurred by an unavailability of the website.

Cuctos does not make any promises about the availability or accessibility of the website or guarantee that the access to the website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, Cuctos may be obliged to partially or totally suspend access to the website temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.

Cuctos reserves the right to update the website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, users may be informed of the changes made but their acceptance to such changes will not be required.

III – SUBSCRIPTION TO THE WEBSITE

To place an order, the client shall at first create a personal account by filling its personal data (the “Personal Account”).

Subscription of the client shall be validated by Cuctos after checking the standard form filled by the client. A confirmation of the subscription is sent to the client by email.

By creating the Personal Account, the client ensures the accuracy and completeness of the data provided. Client shall update its personal data. If an error occurs relating to the recipient address, Cuctos shall not be held liable in case of any inability to deliver the products ordered. 

To insure a faster and easier connection or registration, client can use the “Facebook Connect” functionality, which pre-fill automatically the form.

For more information about protection, collection, processing and use of personal data, as well as the client’s rights and options available to protect its privacy, please refer to Facebook’s privacy policy.

In order to place an order, client must have attained majority and enjoy its full legal capacity to enter into contracts and process a valid payment card issued by a bank accepted by Cuctos’s payment provider. Cuctos reserves the right to refuse any request or order and to close an account at its sole discretion. 

IV - PRODUCTS

The products offered for sale are those described and available on the website, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot held the liability of Cuctos. Cuctos cannot be liable in case of an order cancellation because of stock depletion.

Cuctos takes the greatest care in the presentation and description of the products in order to provide the client with the best possible information. However, some non-substantial errors may appear on the website, which the client acknowledges and agrees to.

It is possible that client may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted, after thorough check before being placed back in stock.

In any case, in the event of nonconformity of the product delivered compared to its description on the website, the client can either enjoy his right of withdrawal, or implement the Cuctos guarantee of conformity which will, when appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.

V - ORDER 

Acceptance of an order placed on the website is subject to compliance with the procedure put in place by Cuctos, expressed by a succession of different stages that the client shall follow in order to validate its order. 

The client can at any time change or remove the products added in its bag (the “Bag”). The Bag summarizes the products selected by the client, as well as its price, V.A.T. and shipping costs, excluding customs and other taxes. The client can modify at any time its Bag before validating the order.

The price paid by the client doesn’t include customs and other taxes. Such additional costs shall be directly paid by the client to the carrier.

VI - ORDER REFUSAL

Cuctos reserves the right to remove at any time any product displayed on the website and/or to replace or modify any content or information related to any product. Despite the best efforts of Cuctos to satisfy the client expectations, Cuctos may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.

Cuctos cannot be held liable to the client or a third party in case of the removal of a product from the website, and in case of the replacement or modification of any content published on the website or refusal of an order after having confirmed it by email. 

Cuctos reserves the right to refuse or cancel any order placed by a client with whom Cuctos has currently a dispute concerning the payment of a previous order or an objective suspicion of fraud.

VII - PRICES AND TERMS OF PAYMENT

Price is mentioned on the website in Euro, Pound Sterling for United-Kingdom and US Dollars for United States of America and Canada or any V.A.T. applicable in the delivery country located in European Union. Prices includes V.A.T. but excluded any custom duties and other taxes.

Cuctos reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.

The products are payable on the day of the order.

The purchases shall be settled either via PayPal, or via the secure platform provided by our partner Stripe. The client expressly acknowledges that disclosure of their bank card number to Cuctos gives the company authorization to debit their account to the amount of the products ordered. As the case may be, a notice of the order cancellation for error of payment is sent to the client by Cuctos to the email address registered by the client.

Client may at its discretion save its payment card details for next purchase. Such information is kept and processed by Stripe. Cuctos will never keep payment card details.

The data recorded and kept by Cuctos constitutes proof of the order and all previous transactions. The data recorded by PayPal or Stripe constitutes proof of the financial transactions.

VIII - DELIVERY

Delivery operates at the time of the transfer of the product’s physical possession to the client (the “Delivery”). The risk of lost or deterioration of the Product is transferred to the client at the time of the Delivery.

Delivery prices applicable to the Order are those indicated on the website at the time of the Order in the section “Delivery and returns”.

The delivery is made to the delivery address indicated by the client, client must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the client, products will be returned to Cuctos which reimburse the client within five (5) days of the products’ receipt by Cuctos.

Cuctos cannot be liable for the late delivery caused by a case of force majeure (as defined below).

If the delivery time is exceeded and is not justified by a case of force majeure, the client may request the cancellation of the sale and within a maximum period of 15 days will receive a refund of the order. Cuctos cannot be liable of any direct or indirect damage resulting from delay of delivery.

1. RIGHT - RETURNS & REFUNDS

What is your warranty policy?

In the event that you receive a damaged or defective item, Cuctos will gladly replace it. If any of the products you purchase on Cuctos proves to be defective in material or workmanship under normal use anytime within the first 30 days, Cuctos will replace the item free of charge (proof of purchase required). To arrange the replacement of your product, please contact our Customer Service department online between Monday through Friday from 9 AM to 5 PM

Can I return/exchange an item I purchased on Cuctos?

Cuctos takes pride in manufacturing products to meet the highest quality standards and we want you to be completely happy with your purchase. We hope you found exactly what you were looking for, however, if you are not satisfied with your order for any reason, we will accept the return/exchange of items that are in new, unused condition, with original tags attached and all original packaging and other components included, when accompanied by an original Cuctos receipt/invoice. And the buyer shall bear the costs for returns.

What items qualify for returns/exchanges?

We do not accept returns of clearance items or items showing normal wear and tear, improper care, negligence and the normal breakdown of natural material over extended time and use.

Can I return items purchased on sale?

We do not accept returns or exchanges of items purchased on clearance at any time.

Can I return/exchange a Cuctos that I purchased on another website/retail store?

We only accept products purchased through Cuctos.

What is the deadline to return/exchange items in my Cuctos order?

All returns/exchanges must be done by mail within 30 days from the day the order was shipped.

How will my returns be processed?

Returns and exchanges will be processed within 3-5 business days of receipt. Credit for your returned items will be refunded back to your account in the same form of payment used to purchase the items. You will receive an email confirmation once we receive your return, and you can expect your refund within 14 days. Please allow 1 to 2 billing cycles for your account to be credited.

How to Request Return or Exchange?

All return or exchange requests must be submitted to info@cuctos.com.  Please include the following information:

1. Web order number, purchase order number, or invoice number
2. If there is no order or invoice number available, please submit an image of proof of purchase
3. Include an image of the item that is to be returned, if the item is damaged or defective, please include a detailed image of the items flaw as well
4. Preferred resolution.  Example:

• Please replace the item with an identical item or most similar item
• Please issue a refund by original means of payment

Allow five to seven business days to complete all return and exchange claims in addition to three business days to process a received return package.  Please be aware that Cuctos cannot issue a refund for any shipping fees incurred on customers' behalf.  All return shipments must be coordinated with customer service prior to shipment. Any returned package to Cuctos that has not been coordinated prior to shipment will be refused at delivery.  Please be sure to use an insured and traceable shipping method to return any package to Cuctos at the sender's expense, Cuctos is not responsible for any packages that are lost or stolen in transit. Lack of response on a return claims query will be abandoned and voided after 30 calendar days.  For the consideration of our return processing department, we ask that each claim be submitted separately.  

What if the Cuctos item I want to return is out of stock?

If an item is no longer available for exact replacement, you will receive credit for your returned item back to your account in the same form of payment used to purchase the item.

Return and Exchanges Restrictions: 

• Refunds and price adjustments will be issued in the original tender of purchase.
• Cuctos does not accept returns or exchanges for merchandise purchased from other retailers.
• Returns or exchanges not accompanied by an original receipt or packaging slip will not be accepted.

1. GUARANTEES AND RESPONSIBILITY

Cuctos’s liability related to the Products is limited to the sale price of each product. Cuctos will not be responsible or liable for any following losses, whenever its cause:

- Loss of benefit or sales

- Loss or revenue

- Loss of profits or contract or opportunity

- Loss of expecting savings

- Loss of data

- Loss of business, management or administration time

- Damage to the image

- Lost chance and especially of sale or purchase of a product

- Psychological damage.

Documents, details, descriptions and information related to the Products published on the website are not covered under any guarantee, express or implicit, except the guarantees provided by law.

Cuctos makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the website or the server that makes it available. In this respect the client agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the website is done at client's own risk and the client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.

Cuctos is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled: (i) they shall be compliant with the description and have the features mentioned on the website; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall be compliant with the quality and strength which may reasonably be expected of similar products.

According to legal regulations, Cuctos guarantees the clients against compliance and latent defects, under the following conditions:

Non-compliance, latent defects

In case of visible defect of a Product, the client shall send a demand to info@cuctosstudio.com and according to the withdrawal right conditions detailed in section IX- reporting the defect in order for Cuctos to accept the return.

1. PARTIAL INVALIDITY

If any provisions of this T&C’s are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.

XII. APPLICABLE LAW – MEDIATION AND JURISDICTION

In the event of a dispute between the customers and Cuctos concerning the interpretation, performance or termination of this T&C’s, Cuctos strongly encourages the client to contact the company in the first instance to attempt to resolve the disagreement amicably. Cuctos hereby notifies clients that there are alternative dispute settlement options such as mediation or arbitration.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland.