Terms of sale

These Terms & Conditions govern the sale of physical products through cinemense.com, operated by Cinemense.

Registered address: 14–18 Rue de la Ronce, 92410 Ville-d'Avray, France
SIREN: 130110141
SIRET: 13011014100012
Email: contact@cinemense.com

By placing an order on our website, customers acknowledge that they have read and accepted these Terms & Conditions.

These Terms & Conditions apply to purchases made by consumers for personal use. Mandatory consumer protection rights under applicable law remain unaffected.

1. Definitions

For the purposes of these Terms & Conditions:

Cinemense: The business operating cinemense.com and selling the products offered on the website.

Customer: Any individual purchasing products for purposes outside their trade, business, craft or profession.

Website: The online store accessible through cinemense.com.

Product: Any physical item offered for sale on the Website.

Order: A purchase submitted by a Customer through the Website.

Customer Service: Cinemense's customer support, available at contact@cinemense.com.

2. Scope and Application

These Terms & Conditions define the rights and obligations of Cinemense and its Customers in connection with the online sale of physical products.

They are available on the Website and must be accepted before an Order can be completed.

Cinemense may update these Terms & Conditions at any time. The version applicable to an Order is the version in effect when the Customer places that Order.

Subsequent changes will not apply retroactively to Orders already accepted, except where required by law.

3. Customer Accounts

Customers may place Orders with or without creating an account, depending on the features available on the Website.

Customers who create an account must provide accurate and up-to-date information and are responsible for maintaining the confidentiality of their login credentials.

Any suspected unauthorized use of an account should be reported promptly to Customer Service.

4. Orders

4.1 Placing an Order

Customers select their chosen Products, add them to their shopping cart and follow the checkout process.

Before confirming an Order, Customers can review its contents, total price, delivery address, shipping arrangements and payment method. They can correct any errors before completing their purchase.

By confirming an Order, Customers agree to pay the total amount displayed at checkout and accept these Terms & Conditions.

An Order confirmation is sent by email once the Order has been received.

4.2 Order Modifications and Cancellations

Customers wishing to modify or cancel an Order should contact Customer Service as soon as possible.

Cinemense will make reasonable efforts to accommodate requests submitted before dispatch. However, modifications or cancellations cannot be guaranteed once an Order is being prepared or has been shipped.

This provision does not affect the Customer's statutory right of withdrawal or other mandatory consumer rights.

4.3 Refusal or Cancellation of Orders

Cinemense reserves the right to refuse or cancel an Order for legitimate reasons, including suspected fraud, payment failure, manifest pricing errors or Product unavailability.

If an Order that has already been paid for is cancelled by Cinemense, the Customer will receive a refund of the amount paid for the cancelled Order.

5. Products

5.1 Product Information

Cinemense specializes in cinema collectibles, including authentic 35mm film cells and reproductions of movie and television scripts.

The essential characteristics of each Product are provided on its individual product page. Products are manufactured in the Czech Republic.

Customers are encouraged to review all descriptions, photographs, dimensions and other relevant information before placing an Order.

5.2 Authentic 35mm Film Cells

Film cell displays contain genuine 35mm film material, as specified in the relevant product description.

Due to the nature of original film material, individual frames may exhibit variations or signs associated with their age, handling or previous use.

Such characteristics are not considered defects where they are consistent with the Product description and do not affect its advertised qualities.

Where specified, film cell displays are supplied with an LED frame and a certificate of authenticity (COA) issued by the supplier.

5.3 Script Replicas

Script Products are reproductions intended for collectors and cinema enthusiasts.

Where indicated, signatures appearing on these Products are reproductions and not original handwritten autographs.

Unless expressly stated otherwise, script replicas are not original production-used documents and have not been personally signed by the cast or filmmakers.

5.4 Product Photography

Product photographs and videos are intended to provide an accurate representation of the items offered for sale.

Minor variations in color, lighting or presentation may occur due to photographic conditions and screen settings, without affecting the essential characteristics of the Product.

Where the exact film frames or other individual characteristics of a Product may vary, this will be specified in the relevant product description.

5.5 Product Availability

Products are offered subject to stock availability.

Certain collectibles are available in limited quantities and may not be restocked.

If a Product becomes unavailable after an Order has been placed, Cinemense will inform the Customer as soon as possible and offer an appropriate solution, including a refund of the unavailable Product.

Any replacement or alternative Product will require the Customer's agreement.

6. Prices, Taxes and Invoicing

All prices displayed on the Website are expressed in the currency selected or displayed during checkout.

The total amount payable is shown before the Customer confirms their Order.

Cinemense applies the tax treatment required by its applicable tax regime and the destination of the Order.

Where Cinemense benefits from the French VAT exemption scheme, French VAT is not charged on eligible sales.

For international Orders, additional import duties, customs charges, local taxes or customs processing fees may apply, depending on the destination country.

Unless expressly stated otherwise at checkout, such charges are not included in the purchase price and remain the responsibility of the Customer.

Customers are encouraged to check their country's import regulations before placing an Order.

An electronic Order confirmation is provided following purchase. An invoice may be requested by contacting Customer Service, subject to applicable invoicing requirements.

7. Payment

Payment is due in full when an Order is placed.

Available payment methods are displayed during checkout and may vary depending on the Customer's location.

Payments are processed through secure third-party payment service providers.

Cinemense does not store Customers' complete payment card details.

An Order may be cancelled if payment is refused or cannot be completed.

8. Shipping and Delivery

8.1 Express Shipping

Cinemense offers free express shipping to the destinations served by its shipping partners, subject to any destination restrictions clearly indicated before checkout.

Products are dispatched from France unless otherwise specified.

The estimated delivery time applicable to each Order is communicated before purchase.

Delivery estimates may vary depending on the destination, customs procedures, carrier operations and other circumstances affecting international transportation.

8.2 Order Processing

Orders are prepared and dispatched as promptly as possible.

Processing times may vary according to Product availability, weekends, public holidays and operational circumstances.

Customers receive a shipping confirmation once their Order has been dispatched.

8.3 Shipment Tracking

Where tracking is available, Customers receive a tracking number or tracking link by email.

Tracking information is provided by the relevant carrier and may take some time to become available following dispatch.

8.4 Delivery Address

Customers are responsible for providing accurate and complete delivery information.

If an incorrect or incomplete address results in a failed delivery, additional costs arising from redelivery or return may be charged to the Customer, subject to applicable consumer protection laws.

8.5 Delivery Delays

The delivery period applicable to an Order is communicated before checkout.

If no specific delivery period has been agreed, Cinemense will deliver the Products without undue delay and no later than 30 days after conclusion of the contract, in accordance with applicable French consumer law.

If delivery does not take place within the agreed period, the Customer may request delivery within an additional reasonable period.

If Cinemense fails to deliver within that additional period, the Customer may cancel the contract in accordance with applicable law.

Immediate cancellation may be available where Cinemense refuses to deliver or where the agreed delivery date was an essential condition of the purchase.

8.6 Damaged or Missing Deliveries

Customers are encouraged to inspect their package upon delivery.

If a Product arrives damaged, is missing or does not match the Order, the Customer should contact Customer Service at contact@cinemense.com.

Customers should provide their Order number and, where possible, photographs of the package and affected Products.

Failure to report damage immediately does not remove any applicable statutory rights or legal guarantees.

8.7 Transfer of Risk

The risk of loss or damage passes to the Customer when the Customer, or a third party designated by them other than the carrier proposed by Cinemense, takes physical possession of the Products.

Where the Customer independently appoints a carrier not proposed by Cinemense, the risk may pass when the Products are handed over to that carrier, in accordance with applicable law.

9. Transfer of Ownership

Ownership of Products transfers to the Customer once payment has been received in full.

This provision does not affect the statutory rules governing the transfer of risk.

10. Statutory Guarantees

Products sold by Cinemense benefit from the statutory guarantees applicable under French consumer law, where relevant.

These rights apply independently of Cinemense's commercial returns policy.

10.1 Legal Guarantee of Conformity

Under applicable French consumer law, consumers generally have two years from delivery to invoke the legal guarantee of conformity for defects covered by that guarantee.

During this period, consumers are required to establish the existence of the lack of conformity, rather than the date on which it first appeared, subject to the applicable statutory rules.

Where a Product is not in conformity with the contract, the Customer may request repair or replacement without charge and without major inconvenience.

Where repair or replacement is impossible, disproportionate, not completed within the statutory period or otherwise meets the conditions established by law, the Customer may be entitled to a price reduction or termination of the contract.

A minor lack of conformity does not, by itself, entitle the Customer to terminate the contract.

Where a Product is repaired under the legal guarantee, the statutory guarantee period may be extended in accordance with French law.

These rights arise under Articles L.217-1 to L.217-32 of the French Consumer Code.

10.2 Guarantee Against Hidden Defects

Customers may also benefit from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code.

A hidden defect is a defect that renders a Product unsuitable for its intended use or substantially reduces its usefulness to such an extent that the Customer would not have purchased it, or would have paid less, had they known of the defect.

Claims under this guarantee must generally be brought within two years of discovering the defect.

Where the guarantee applies, the Customer may choose between returning the Product for a refund or retaining it in exchange for an appropriate reduction in price.

10.3 Making a Warranty Claim

For any claim relating to a defective or non-conforming Product, Customers should contact:

contact@cinemense.com

Customers should provide their Order number, a description of the issue and, where possible, supporting photographs.

Cinemense will assess the claim and provide a remedy in accordance with applicable law.

Where a return is required because a Product is defective, non-conforming or was supplied incorrectly, Cinemense will bear the applicable return costs.

Nothing in these Terms & Conditions limits the Customer's statutory guarantees.

11. Legal Right of Withdrawal

11.1 Withdrawal Period

Consumers benefiting from the statutory right of withdrawal under applicable French consumer law may withdraw from their purchase within 14 days without providing a reason.

For purchases of physical goods, the withdrawal period begins when the Customer, or a third party designated by the Customer other than the carrier, receives the Product.

Where an Order contains multiple Products delivered separately, the period begins upon receipt of the final Product.

11.2 Exercising the Right of Withdrawal

Customers may exercise their right of withdrawal by submitting a clear statement of their decision to withdraw.

They may contact Cinemense at:

contact@cinemense.com

Customers may also use the model withdrawal form provided in Section 11.3 below or the online withdrawal form available on the Website.

The Customer must communicate their decision before the statutory withdrawal period expires.

11.3 Withdrawal Form

To: Cinemense
14–18 Rue de la Ronce
92410 Ville-d'Avray
France

Email: contact@cinemense.com

I hereby give notice that I withdraw from my contract of sale for the following Products:

Order number:

Product(s):

Ordered on:

Received on:

Customer's name:

Customer's address:

Customer's email address:

Date:

Signature, only if this form is submitted on paper.

11.4 Effects of Withdrawal

Where the statutory right of withdrawal is validly exercised, Cinemense will reimburse all amounts paid for the Products concerned.

Reimbursement will be made using the original payment method, unless the Customer expressly agrees otherwise, and will not result in any additional fees for the Customer.

Cinemense may withhold reimbursement until the returned Products have been received or the Customer has provided evidence that the Products have been returned, whichever occurs first.

Reimbursement will be made within the applicable statutory deadlines.

Reimbursement will be made using the original payment method unless the Customer expressly agrees otherwise and incurs no additional cost.

Cinemense may withhold reimbursement until it has received the returned Products or the Customer has provided evidence of their return shipment, whichever occurs first.

Reimbursement will be made within the statutory deadlines.

11.5 Returning Products

Customers must return the relevant Products without undue delay and no later than 14 days after communicating their decision to withdraw.

For returns resulting from a simple change of mind, the direct cost of returning the Products is borne by the Customer, provided this information was communicated before purchase.

Customers are encouraged to use a tracked shipping service and retain proof of shipment.

The Customer may be liable for any reduction in the value of the Products resulting from handling beyond what is necessary to establish their nature, characteristics and proper functioning.

11.6 Exceptions

The statutory right of withdrawal does not apply in the circumstances expressly provided for by applicable law.

Any applicable exception will be identified where relevant and will not be presumed solely because a Product is collectible or available in limited quantities.

12. Commercial 30-Day Return Policy

In addition to the statutory right of withdrawal, Cinemense offers a 30-day commercial return policy.

Customers may request a return within 30 calendar days of receiving their Order.

This commercial policy does not limit or replace any statutory consumer rights.

12.1 Return Conditions

To qualify for a commercial return beyond the statutory withdrawal period, Products must be complete, in their original condition and accompanied by all accessories and certificates supplied with them.

Products should be returned in their original packaging wherever possible.

Cinemense may refuse a commercial return or apply an appropriate reduction where a Product has been damaged, altered or excessively handled by the Customer, subject to applicable law.

12.2 Requesting a Return

Customers wishing to return a Product should contact:

contact@cinemense.com

The request should include the Order number and the Products concerned.

Cinemense will provide the relevant return instructions.

12.3 Return Shipping Costs

Where a Customer returns a Product because they have changed their mind, return shipping costs are the Customer's responsibility.

Where a return results from a defective or non-conforming Product, or an error attributable to Cinemense, applicable return shipping costs will be covered by Cinemense.

12.4 Refunds

Once a commercial return has been received and inspected, Cinemense will process any refund due under this policy.

Refunds will normally be issued using the original payment method.

Any additional terms applicable to a particular commercial offer will be communicated before purchase.

13. International Orders, Customs and Import Duties

Cinemense accepts international Orders to the destinations available during checkout.

Products are dispatched from France unless otherwise indicated.

For deliveries outside the European Union, import duties, customs charges, local taxes or administrative fees may be imposed by the destination country.

Unless expressly included in the total price displayed at checkout, these charges are the Customer's responsibility.

Cinemense does not control the amount of charges imposed by foreign customs authorities.

If a Customer refuses to pay applicable import charges and the package is returned, Cinemense may deduct reasonable costs actually incurred as a result, where permitted by applicable law and without prejudice to mandatory consumer rights.

14. Liability

Cinemense is responsible for fulfilling its contractual obligations in accordance with applicable law.

Cinemense will not be liable for non-performance resulting from circumstances attributable to the Customer, an unforeseeable and unavoidable act of a third party or a legally recognized event of force majeure, to the extent permitted by law.

Nothing in these Terms & Conditions excludes or restricts liability that cannot legally be excluded or restricted.

In particular, these Terms & Conditions do not limit statutory consumer guarantees or mandatory consumer protection rights.

15. Force Majeure

Under Article 1218 of the French Civil Code, force majeure may arise where an event beyond a party's control, which could not reasonably have been foreseen when the contract was concluded and whose effects could not be avoided through appropriate measures, prevents that party from fulfilling its obligations.

Depending on the circumstances, such events may include natural disasters, major transportation disruptions, fires, public authority restrictions or other exceptional events satisfying the applicable legal requirements.

The affected party will inform the other party as soon as reasonably possible.

The consequences of force majeure will be determined in accordance with applicable law.

16. Intellectual Property

The original content of the Website, including its branding, design, text, graphics and original visual elements, is protected by applicable intellectual property laws.

Unauthorized reproduction, distribution, modification or commercial exploitation of protected Cinemense content is prohibited, except where permitted by law or with prior authorization.

Third-party trademarks, film titles, images and other intellectual property displayed on the Website remain the property of their respective rights holders.

The sale of a collectible does not transfer any intellectual property rights in the underlying film, screenplay, artwork or other protected work.

17. Personal Data

Cinemense processes personal data in connection with the operation of the Website, management of Orders, payment processing, shipping and customer support.

Personal data is processed in accordance with applicable data protection legislation.

Further information concerning the collection, use, retention and protection of personal data is provided in our Privacy Policy.

Customers may submit requests concerning their personal data by contacting:

contact@cinemense.com

18. Consumer Mediation

Customers wishing to submit a complaint should first contact Cinemense in writing at:

contact@cinemense.com

In accordance with applicable French consumer law, eligible consumers have the right to access a consumer mediation service free of charge to seek an amicable resolution of a dispute that could not be resolved directly with Cinemense.

Proposed consumer mediator — pending effective registration:

CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice

49 rue de Ponthieu
75008 Paris
France

Mediator's website: https://www.cm2c.net/

The mediator may be contacted only in accordance with the applicable mediation rules and once Cinemense has completed its registration with the relevant organization.

19. Retention of Electronic Contracts

Where required by applicable law, Cinemense retains electronic records of Orders for the prescribed period.

Customers may request access to records concerning their Orders by contacting Customer Service, subject to applicable legal requirements.

20. Severability

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply, provided that the invalid provision is not essential to the agreement.

21. No Waiver

Failure by Cinemense or a Customer to exercise any right under these Terms & Conditions does not constitute a waiver of that right.

22. Governing Law and Disputes

These Terms & Conditions are governed by French law.

However, this choice of law does not deprive consumers of mandatory protections afforded by the laws of their country of habitual residence where those protections apply.

In the event of a dispute, Customers are encouraged to contact Cinemense first to seek an amicable resolution.

If an amicable resolution cannot be reached, disputes may be brought before the competent courts in accordance with applicable jurisdictional and consumer protection rules.

23. Contact

For any questions concerning these Terms & Conditions, an Order, a return or a complaint, please contact:

Cinemense

14–18 Rue de la Ronce
92410 Ville-d'Avray
France

Email: contact@cinemense.com