General conditions of online sale

 

These General Terms and Conditions of Sale govern the products of the ÉTERNEL PARISIEN brand distributed by JASMIN 23 09, SAS with a capital of ten thousand euros, registered in the Paris Trade and Companies Register under number 850984675 – VAT number intra-community: FR76850984675 – Email: contact@eternelparisien.fr

1 – Scope

These general conditions of sale express the entirety of the obligations of the parties.

In this sense, the buyer is deemed to accept them without reservation.

The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to in-store sales or sales  by means of other channels of distribution and marketing.

They are accessible on the website www.eternelparisien.fr and will prevail, if necessary, on any other version or any other contradictory document.

The seller and the buyer agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify these general conditions. Such changes will be applicable as soon as they are posted online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

2 – Object

These terms and conditions are intended to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.eternelparisien.fr.

3 – Precontractual information

3.1 The buyer acknowledges having been communicated, before the placing of his order and the conclusion of the contract, in a readable and understandable manner, these general conditions of sale and all the information listed in Article L. 221 -5 of the code of consumption.

3.2 The following information is provided to the buyer in a clear and understandable manner:

• the basic characteristics of the products on sale on the site;
• the price of the products on sale on the site;
• the date or time at which the seller agrees to deliver the good, regardless of its price;
• information relating to the identity of the seller, his postal and electronic contact details, and his activities, those relating to legal warranties, the functionality of the digital content and, where appropriate, its interoperability, the existence and the terms of implementation of the guarantees and other contractual conditions.

3.3 The seller gives the buyer the following information:

• his name or corporate name, the geographical address of his head office and his email address.
• the terms of payment, delivery and performance of the contract, as well as the procedures provided by the professional for the processing of claims;
• in the event of sale, the existence and conditions of exercise of the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the guarantee against latent defects provided for in Articles 1641 et seq. of the civil code, as well as, where applicable, the commercial guarantee and the after-sales service respectively referred to in Articles L. 217-15 and L. 217-17 of the Consumer Code;

4 – the order

The buyer has the opportunity to place his order online.

After creating an account, the buyer can add to the basket as many items as he wants.

Before confirming his order definitively, the buyer will be able to check the details, correct any errors or delete items from his order.

The sale will be considered final:

• after sending the buyer the confirmation of acceptance of the order by the seller by e-mail;
• and after receipt by the seller of the full price of the order.

Any order implies acceptance of prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below.

In some cases, including default of payment, wrong address or other problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is solved.

The cancellation of the order of the product ordered and its possible refund will then be made.

Finally, the buyer can ask the buyer at any time prior to the order, to obtain additional information on the items, or after the order, to know its progress. The buyer must then contact the seller at the following email address: contact@eternelparisien.fr.

5 – Electronic signature

The online supply of the buyer’s credit card number and the final validation of the order will be worth proof of:

• the exigibility of the sums due under the purchase order,
• the signature and express acceptance of all transactions made by the buyer.

6 – Order confirmation

Upon validation of the order and the actual payment of the corresponding price, the buyer will receive at the e-mail address that he has filled in at the time of placing his order a confirmation by the seller, containing the identification of the items purchased , the amount paid and the delivery address entered.

7 – Proof of the transaction

The computerized records kept in the seller’s computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.

8 – Product information

The products governed by these terms and conditions are those listed on the website of the seller and which are indicated as available for sale and shipment by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred regarding this presentation, the seller’s liability could not be incurred.

The photographs of the products are not contractual.

9 – Prices

The prices of the products correspond to the prices indicated on the seller’s commercial site.

The seller reserves the right to change prices at any time but agrees to apply the rates indicated at the time of order, subject to availability on that date.

The currency is automatically generated based on the location of the buyer and will be confirmed at the time of payment. It is specified here that with regard specifically to the symbol $, it refers automatically and systematically to the American Dollars.

When the prices displayed on the site do not take into account delivery costs, such costs will be invoiced in supplement, and they will be clearly indicated before the final validation of the order.

The prices always take into account the VAT applicable on the day of the order and any change of the applicable VAT rate will be automatically reflected on the price of the products of the online shop.

Payment of the full price must be made when ordering. At no time will the sums paid be considered as a deposit or installments.

If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products.

10 – Payment modalities

This is an order with payment obligation, which means that the placing of the order involves a payment from the buyer.

To settle his order, the buyer has, at his disposal, all the payment methods made available by the seller, namely payment by ApplePay, Paypal and by credit cards (credit and debit) ). The list of credit cards accepted by the seller is communicated to the buyer at the time of placing the order.

The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form.

The seller reserves the right to cancel any order and any delivery in case of refusal of authorization of payment by credit card from the officially accredited bodies or in case of non-payment.

The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully paid a previous order or with whom a payment dispute is being administered.

The payment of the price is made cash at the time of the order. The buyer will be charged at that moment.

The payments made by the buyer will be considered as definitive only after receipt of the sums due by the seller.

11 – Delivery time – Product availability

Except in case of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, shipping times will be, within the limits of available stocks, those indicated below.

Shipping times run from the date of registration of the order indicated on the order confirmation email.

1. For deliveries to Metropolitan France and Monaco, the indicative delivery time is three (3) working days.
2. For deliveries to Oversea territories, the indicative delivery time is six (6) to eight (8) working days depending on the destination.
3. For deliveries to Europe, the indicative delivery time is four (4) to seven (7) working days depending on the destination.
4. For international deliveries, the indicative delivery time is four (4) to eight (8) business days depending on the destination.

In case of non-compliance with the date or the agreed delivery time, and except in cases of force majeure or incidents occurring after the delivery of the parcel to the carrier, the buyer must, before terminating the contract, enjoin the seller to execute the contract within a reasonable additional time.

Failing execution at the end of this new period, the buyer can freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this resolution, unless the contract has meanwhile been executed.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all amounts paid, at the latest within 14 days of the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the opportunity to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.

12 – Terms and delivery prices

12.1. Terms

Delivery means delivery of the goods ordered to the buyer or to any third party authorized by him.

It is made only after confirmation of payment by the bank of the seller.

The ordered products are delivered via Colissimo.

No delivery is made:

• In countries prohibited by export laws and regulations;
• In postboxes or similar addresses.

The products are delivered to the address specified by the buyer on the order form, the buyer must ensure its accuracy.

Products from the same order cannot be delivered to different delivery addresses (that is, one delivery address per order).

Any package returned to the seller because of an incorrect or incomplete delivery address will be returned at the expense of the buyer.

If the buyer is absent on the day of delivery, the driver will leave a notice in the mailbox, which will allow the buyer to remove the package at the place and within the timeframe indicated.

If, at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items.

In case of anomaly of delivery (damaged article, etc.), the buyer must then refuse the package or indicate on the delivery note and in the form of handwritten reserves accompanied by his signature the anomalies noted.

This check is considered to have been made once the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm by registered mail these reservations to the carrier no later than two working days after receipt of the item (s) and send a copy of this letter by email or simple mail to the seller at the address indicated in the website legal notice.

12.2. Price

The delivery price of the order will be calculated during the payment, before final validation of the order, according to the number of articles ordered and the country of destination.

12.3. International deliveries

The seller draws the attention of the buyer to the fact that, in case of international delivery, it is possible that the products are 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 borne exclusively by the buyer and the seller cannot be held responsible for such taxes.

Also, the buyer is invited to contact, before any order, his local customs authority to obtain any useful information on this subject.

13 – Delivery errors

In addition to the reservations shared with the carrier, the buyer must share with the seller on the day of the delivery or at the latest on the first working day following the delivery, any complaint of error of delivery (ex: damaged product, open package , etc.).

The complaint must be sent by email to: contact@eternelparisien.fr

A response will be provided by the seller within seven (7) days of receipt of the buyer’s claim.

14 – Transfer of ownership and risks

The transfer of ownership will take place only upon the complete payment of the price to the seller.

On the other hand, the buyer only bears the risk concerning the products ordered from the moment they are delivered to the address indicated when placing the order.

15 – Product warranty

The seller is the guarantor of the conformity of the goods with the contract, allowing the purchaser to make a request under the legal guarantee of conformity envisaged in the articles L. 217-4 and following of the code of the consumption or the guarantee of the defects sold within the meaning of Articles 1641 et seq. of the Civil Code.

In case of implementation of the legal guarantee of conformity, it is recalled that:

• the buyer has a period of 2 years from delivery of the property to act;
• the buyer can choose between the repair or replacement of the property, subject to the cost conditions provided by L. 217-17 of the Consumer Code;
• the buyer is exempted from providing proof of the lack of conformity of the goods during the 24 months following the delivery of the goods.

In addition, it is recalled that the buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, provided that he proves that he fulfills the conditions of the warranty. This request must be made in the two (2) years following the discovery of the defect. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.

16 – Right to retract

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 his order, to return any item that does not suit him and request the exchange or the refund without penalty, with the exception of return costs which are borne by the buyer.

However, the products must be returned in their original packaging and in perfect condition within fourteen (14) days of the notification to the seller of the buyer’s withdrawal decision.

Returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing in new condition, accompanied by the invoice.

It is recalled in this regard that, to be taken back, returned items must fulfill the following conditions:

• The 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 has been delivered with a security tag, it must remain attached.
  Otherwise, the product will not be refunded to the buyer and will be returned to him.

The right of withdrawal can 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 communicated to the buyer. Any other method of declaration of retraction is accepted. It must be unambiguous and express the will to retract.

In case of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased (s) and the delivery costs are 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

ÉTERNAL PARISIAN
25, rue Titon
75011 Paris
France

The buyer must be able to prove this shipment. Therefore, the package must be returned to the seller by registered mail or by any other means that give the shipment a certain date. The buyer will then be refunded for all items returned and the cost of delivery. The return costs are however the responsibility of the seller.

Refunds will be made by the method of payment used during the order. Under these conditions, PayPal refunds are automatically made to the PayPal account of the buyer.

The refund will be made within a period of fourteen (14) days from the receipt, by the seller, of the products returned by the buyer under the conditions specified above.

17 – Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.

Will be considered as force majeure all facts or circumstances irresistible, not related to the parties, unpredictable, inevitable, beyond the control of the parties and that can not be prevented by them, despite all efforts reasonably possible. Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure has a duration greater than three months, these 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, 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 is likely to constitute an offense of counterfeiting.

19 – Partial non-validation

If one or more stipulations of the present general conditions are held as invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.

20 – No waiver

The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these terms and conditions can not be construed for the future as a waiver of the obligation in question.

21 – Titles

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

22 – Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.

23 – Mediation

In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the buyer is informed that he can resort to a consumer mediator under the conditions provided by Title I of Book VI of the Consumer Code.

In case of failure of the complaint request to the customer service of the Seller, or in the absence of response within two months, the buyer may submit the differ to a mediator who will attempt independently to bring the parties with a view to obtaining an amicable solution.

24 – Applicable law

These general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This is so for the substantive rules as for the rules of form. In case of dispute or claim, the buyer will first contact the seller to obtain an amicable solution.

Annex 1 – Provisions relating to legal warranties

 

Article L. 217-4 of the Consumer Code:

The seller delivers a good that complies with the contract and is accountable for any lack of conformity existing at the time of delivery.

He/she is also accountable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been made responsible for it by the contract or it has been carried out under its responsibility.

Article L. 217-5 of the Consumer Code:

The property is in accordance with the contract:

1 ° If it is fit for the customary use of a similar good and, where applicable:

• if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or a model;
• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
• Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and the latter has accepted.

Article L. 217-12 of the Consumer Code:

The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.

Article L. 217-16 of the Consumer Code:

When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a piece of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run.

This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code:

The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, had he known them.

Article 1648 of the Civil Code:

The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect.

In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.

Cancellation form

 

For the attention of: ÉTERNEL PARISIEN, 25 rue Titon – 75011 PARIS, FRANCE

I / we (*) notify you (*) hereby my / our (*) withdrawal of the contract relating to the sale of the goods (*) below:

Nature of the good:

Ordered on:

Name of the consumer (s):

Address of the consumer (s):

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

Date and place of signature:

 

 

(*) Delete the useless mention.