Terms of sale
Online Terms and Conditions of Sale
These General Terms and Conditions of Sale govern the products of the ÉTERNEL PARISIEN brand distributed by BALZAC 009, a simplified joint stock company with capital of one hundred thousand euros, registered in the Paris Trade and Companies Register under number 851 219 741 R.C.S. Paris – intra-community VAT number: FR 7501.851219741 – Email: contact@eternelparisien.fr
1. Entire agreement
These general terms and conditions of sale express the entire obligations of the parties.
In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other terms and conditions, including those applicable to sales in stores or through other distribution and marketing channels.
They are available on the website www.eternelparisien.fr and shall prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. These modifications will be applicable as soon as they are posted online.
If any condition of sale is found to be lacking, it shall be deemed to be governed by the practices in force in the distance selling sector for companies based in France.
2. Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer via the website www.eternelparisien.fr.
3. Pre-contractual information
3.1 The buyer acknowledges having received, prior to placing their order and concluding the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code.
3.2 The following information is provided to the buyer in a clear and understandable manner:
the essential characteristics of the products for sale on the website;
the price of the products for sale on the website;
the date or deadline by which the seller undertakes to deliver the goods, regardless of their price;
information relating to the seller's identity, postal and electronic contact details, and activities, information relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.
3.3 The seller shall provide the buyer with the following information:
their name or company name, the geographical address of their registered office, and their email address.
the terms of payment, delivery, and performance of the contract, as well as the terms provided by the professional for handling complaints;
in the case of a sale, the existence and terms of exercise of the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code, and, where applicable, the commercial warranty and after-sales service referred to in Articles L. 217-15 and L. 217-17 of the Consumer Code;
4. The order
The buyer has the option of placing their order online.
After creating an account, the buyer can add as many items as they wish to their basket.
Before finally confirming their order, the buyer will have the opportunity to check the details, correct any errors, or remove items from their order.
The sale will be considered final:
after the seller has sent the buyer confirmation of acceptance of the order by email;
and after the seller has received payment in full for the order.
All orders imply acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, particularly in the event of non-payment, an incorrect address, or any other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
The order for the product ordered will then be canceled and a refund issued if applicable.
Finally, the buyer may contact the seller at any time prior to placing an order to obtain additional information about the items, or after placing an order to find out its status. The buyer must then contact the seller at the following email address: contact@eternelparisien.fr.
the payment of sums due under the purchase order,
the signature and express acceptance of all transactions carried out by the buyer.
6. Order confirmation
Once the order has been validated and the corresponding price has been paid, the buyer will receive a confirmation from the seller at the email address provided when placing the order, containing the identification of the items purchased, the amount paid, and the delivery address provided.
7. Proof of transaction
The computerized records stored in the seller's computer systems under reasonable security conditions shall be considered as proof of communications, orders, and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.
8. Product information
The products governed by these terms and conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented as accurately as possible. However, the seller cannot be held liable for any errors or omissions in this presentation.
Product photographs are not contractual.
9. Prices
Product prices correspond to the prices indicated on the seller's merchant site.
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
The currency is generated automatically based on the buyer's location and will be confirmed at the time of payment. It is hereby specified that the $ symbol automatically and systematically refers to US dollars.
When the prices displayed on the site do not include delivery costs, these will be charged as an extra and will be clearly indicated before the order is finally confirmed.
Prices always include the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
Payment of the full price must be made at the time of ordering. At no time may the sums paid be considered as deposits or down payments.
If one or more taxes or contributions, particularly environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the sale price of the products.
10. Payment method
This is an order with an obligation to pay, which means that placing the order implies payment by the buyer.
To pay for their order, the buyer may choose from all the payment methods made available by the seller, namely payment by ApplePay and PayPal and by credit or debit card. The list of credit cards accepted by the seller is provided to the buyer when the order is placed.
The buyer guarantees the seller that they have the necessary authorizations to use the payment method chosen by them when confirming the order form.
The seller reserves the right to cancel any order processing and delivery in the event of refusal of authorization of payment by credit card by officially accredited bodies or in the event of non-payment.
In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid for a previous order in full or in part or with whom a payment dispute is ongoing.
Payment of the price is made in cash at the time of ordering. The buyer will therefore be debited at that time.
Payments made by the buyer will only be considered final after the seller has actually received the sums due.
11. Delivery time – Product availability
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website's home page, shipping times will be as indicated below, subject to stock availability.
Shipping times run from the date of order registration indicated on the order confirmation email.
For deliveries to mainland France and Monaco, the estimated delivery time is three (3) business days.
For deliveries to overseas territories, the estimated delivery time is six (6) to eight (8) business days, depending on the destination.
For deliveries to Europe, the estimated delivery time is four (4) to seven (7) business days, depending on the destination.
For international deliveries, the estimated delivery time is four (4) to eight (8) business days, depending on the destination.
In the event of failure to meet the agreed delivery date or deadline, and excluding cases of force majeure or incidents occurring after the package has been handed over to the carrier, the buyer must, before terminating the contract, instruct the seller to perform the contract within a reasonable additional period.
If the contract is not performed by the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract shall be deemed to have been terminated upon receipt by the seller of the letter or written notice informing them of this termination, unless the professional has performed in the meantime.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option of canceling their order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of payment at the latest, or an exchange of the product.
12. Delivery terms and prices
12.1. Terms
Delivery means the handover of the goods ordered to the buyer or to any third party authorized by the buyer.
Delivery will only be made after confirmation of payment by the seller's bank.
The products ordered are delivered via FEDEX.
No deliveries will be made:
To countries prohibited by export laws and regulations;
To PO boxes or similar addresses.
Products are delivered to the address indicated by the buyer on the order form. The buyer must ensure that this address is correct.
Products from the same order cannot be delivered to different delivery addresses (in other words, one delivery address per order).
Any package returned to the seller due to an incorrect or incomplete delivery address will be re-shipped at the buyer's expense.
If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be picked up at the location and within the time frame indicated.
If, at the time of delivery, the original packaging is damaged, torn, or open, the buyer must check the condition of the items.
In the event of a delivery anomaly (damaged item, etc.), the buyer must refuse the package or indicate the anomalies observed on the delivery note in the form of handwritten reservations accompanied by their signature.
This verification is considered to have been carried out once the buyer, or a person authorized by them, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail no later than two working days after receipt of the item(s) and send a copy of this letter by email or regular mail to the seller at the address indicated in the legal notices on the website.
12.2. Price
The delivery price for the order will be calculated at the time of payment, before final confirmation of the order, based on the number of items ordered and the country of destination.
12.3. International delivery
The seller draws the buyer's attention to the fact that, in the case of international delivery, the products may be opened and inspected by the customs authorities.
These products may be subject to import taxes to be paid upon receipt of the order. These import taxes are the sole responsibility of the buyer and the seller cannot be held liable for such taxes.
Therefore, the buyer is invited to contact their local customs authority prior to placing any order in order to obtain any useful information on this subject.
13. Delivery errors
In addition to any reservations made to the carrier, the buyer must notify the seller of any delivery errors (e.g., damaged product, open package, etc.) on the day of delivery or at the latest on the first business day following delivery.
The complaint must be sent by email to: contact@eternelparisien.fr
The seller will respond within seven (7) days of receiving the buyer's complaint.
14. Transfer of ownership and risks
Ownership will only be transferred once the seller has received full payment of the price.
However, the buyer shall bear the risks relating to the products ordered only from the moment they are delivered to the address indicated when the order was placed.
15. Product warranty
The seller guarantees that the goods comply with the contract, allowing the buyer to make a claim under the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code or the warranty against defects in the item sold within the meaning of Articles 1641 et seq. of the French Civil Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
the buyer has a period of two years from delivery of the goods to take action;
the buyer may choose between repair or replacement of the goods, subject to the cost conditions provided for in L. 217-17 of the Consumer Code;
the buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
In addition, it is recalled that the buyer may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code, subject to providing proof that they meet the conditions of the warranty. This request must be made within two (2) years of the discovery of the defect. In this case, the buyer may choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the Civil Code.
16. Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of fourteen (14) working days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for the return costs, which remain the responsibility of the buyer.
However, the products must be returned in their original packaging and in perfect condition within fourteen (14) days of notifying the seller of the buyer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold in new condition, accompanied by the purchase invoice.
In this regard, it is reminded that, in order to be accepted, returned items must meet the following conditions:
Bags and accessories must be returned in and with all their original packaging;
Clothing must be returned unworn, unwashed, undamaged, and with their original labels;
If the product was delivered with a security tag, this must remain attached.
Failing this, the product will not be refunded to the buyer and will be returned to them.
The right of withdrawal may be exercised using the withdrawal form available on the website www.eternelparisien.fr. In this case, an acknowledgment of receipt on a durable medium will be immediately sent to the buyer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the desire to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be refunded. Import taxes will only be refunded if they were included in the purchase price.
To return the item(s) to the seller, the buyer must send the goods to the following address:
ÉTERNEL PARISIEN
STELLAE INTERNATIONAL
128 Bis Avenue Jean Jaurès
Bloc C1 - Carré Ivry
94200 Ivry sur Seine
75012 Paris
France
The buyer must be able to provide proof of shipment. Therefore, the package must be returned to the seller by registered mail or by any other means that provides a definite date of shipment. The buyer will then be refunded the full amount of the returned items and the cost of delivery. However, the return shipping costs shall be borne by the seller.
Refunds will be made within fourteen (14) days of the seller receiving the products returned by the buyer in accordance with the above conditions.
17. Force majeure
Any circumstances beyond the control of the parties that prevent the normal performance of their obligations shall be considered grounds for exemption from the parties' obligations and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.
Any facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as cases of force majeure. In addition to those usually retained by the jurisprudence of French courts and tribunals, the following are expressly considered as cases of force majeure or fortuitous events: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the injured party.
18. Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, who is the sole owner of the intellectual property rights to this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
19. Partial invalidity
If one or more provisions of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.
20. Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted in the future as a waiver of the obligation in question.
21. Title
In the event of any difficulty in interpreting any of the headings appearing at the top of the clauses, and any of the clauses, the headings shall be declared non-existent.
22. Language of the contract
These general terms and conditions of sale 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.
23. Mediation
In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the French Consumer Code, the buyer is informed that they may resort to a consumer mediator under the conditions provided for in Title I of Book VI of the French Consumer Code.
If the complaint to the Seller's customer service department is unsuccessful, or if no response is received within two months, the buyer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together with a view to reaching an amicable solution.
24. Applicable law
These general terms and conditions are subject to French law, excluding the provisions of the Vienna Convention. This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer shall first contact the seller to seek an amicable solution.
Appendix 1 – Provisions relating to legal guarantees
Article L. 217-4 of the Consumer Code:
The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code:
The goods comply with the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable:
if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling;
Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention, and accepted by the seller.
Article L. 217-12 of the Consumer Code:
Action resulting from lack of conformity lapses two years after delivery of the goods.
Article L. 217-16 of the Consumer Code:
When the buyer asks the seller, during the course of the commercial warranty granted to them at the time of purchase or repair of a movable item, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining warranty period.
This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code:
The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that diminish its use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of the defects.
Article 1648 of the Civil Code:
Action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of apparent defects or lack of conformity.
Withdrawal form
For the attention of: ÉTERNEL PARISIEN
STELLAE INTERNATIONAL
128 Bis Avenue Jean Jaurès
Bloc C1 - Carré Ivry
94200 Ivry sur Seine
75012 Paris
France
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) below:
Nature of the goods:
Ordered on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date and place of signature:
(*) Delete as appropriate.
