GENERAL TERMS AND CONDITIONS OF SALE

Between the company ELLEMAY, 2341 RTE DE SAINTE-MAXIME 83310 GRIMAUD, with a social capital registered at the Registry of Commerces of PARIS, under the SIRET number 51143922600024 represented by  Nathalie NOUBEL as manager, duly empowered.

 

The company can be reached by email by clicking on the contact form on the sites homepage or directly via the email address ellemay.sainttropez@gmail.com

Hereby after the "Seller" or the "Company". The natural or legal person who procedes to purchase products from the Company. Hereby after the "Buyer" or "the Customer". The following has been agreed :

PREAMBLE

The Seller is a creator of products and services in retail clothing in specialized stores for consumers, sold via their websites.

(https://www.ellemay.fr/). The list and the descriptions of the products offered by the company can be consulted on the aformentioned website.

Article 1 : Objectives

 

The General Terms and Conditions of Sale presented herein determine the rights and obligations of the parties within the context of an online sale of products offered by the Seller.
 
Article 2 : General Provisions

The General Terms and Conditions of Sale presented herein govern the sales of products made via the Company website, and are integral parts of the contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order. The Seller reserves the possibility to modify the General Terms and Conditions, at any moment by publishing a new version on their website. The applicable General Terms and Conditions are defined by the published version at the time of purchase. These General Terms and Conditions can be consulted on the following Company website : https://www.ellemay.fr/.
 

The Company ensures that their acceptance is clear and unreserved by putting a checkbox and a validation click. The Customer declares that they have read all of these General Conditions of Sale, and, where applicable, the Conditions of Sale related to a product or service, and that they accept them without restriction or reservation.
The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.

 

The Customer declares that they are able to legally contract under French law or validly represent the natural or legal person for whom he is committed.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3 : Price

The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and are precisely determined on the product description pages. They are also indicated in euros, all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and amounts are not the responsibility of the Seller. They will be the responsibility of the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). As such, the Seller invites the buyer to obtain information on these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company websites are the responsibility of the Customer. If applicable, also the delivery costs.

Article 4 : Conclusion of the contract online

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order :

- Information on the essential characteristics of the Products

- Choice of the Product, and if applicable, of the product options

- Indication of the Customers essential contact details (identification, email, address, etc.);

- Acceptance of these General Conditions of Sale

- Before proceeding with its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order.

- Then follow the instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it.

 

The customer will have the opportunity during their ordering process to identify any errors made in entering data and correct them. The language proposed for the conclusion of the contract is the French language.
The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. If applicable, the professional and commercial rules to which the author of the offer intends to abide can be viewed in the “appendix rules” section of these GTC, available on the Seller's website at the following address: https://www.ellemay.fr 

The archiving of communications, the order, the details of the order, as well as the invoices are carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, the Customer undertakes to provide their true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 5 : Products and services

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The essential characteristics of the goods, services and their respective prices are made available to the Buyer on the Company's websites. In accordance with article L112-1 of the Consumer Code, the Customer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and the special conditions of sale and of the execution of services before any conclusion of the sales contract.

In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is that indicated on the day of the order, this not including the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services.
 

The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller will reimburse the customer. The contractual information is presented in detail and in French.

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The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Product offer as well as their prices is specified on the Company website, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are specific conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).

Article 6 : Conformity

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In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these Terms and Conditions meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with article L.217-4, the seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these T & Cs meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with article L.217-4, the seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 c. Civ.), The Seller reimburses or exchanges products that are defective or do not correspond to the order. Reimbursement can be requested as follows: filing a complaint at ellemay.sainttropez@gmail.com

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Article 7: Retention of property clause

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The products remain the property of the Company until full payment of the price.

Article 8 : Terms of delivery

 

The products are delivered to the delivery address that was indicated when ordering and within the deadlines indicated. These times do not take into account the time taken to prepare the order. When the Customer orders several products at the same time, they may have different delivery times delivered according to the following terms : delivery via one or more packages. In the event of delay in shipping, the Customer may file a complaint at ellemay.sainttropez@gmail.com.

In the event of late delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the "outbound" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered.
 

Article 9: Availability and presentation

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If an item is unavailable for a period exceeding 30 working days, you will be immediately notified of the foreseeable delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its full refund and the cancellation of the order.

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Article 10:  Payment

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Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by payment card or PayPal. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the inability to debit the card, the Sale is automatically terminated and the order canceled.

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Article 11: Withdrawal period

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In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days of the date of receipt of his order. The right of withdrawal can be exercised by contacting the Company as follows: filing a complaint at ellemay.sainttropez@gmail.com. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for any article for which a manufacturing or delivery process is in progress. . If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased and the shipping costs will be reimbursed, with the return costs being borne by the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they should be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you can request the standard withdrawal form to be sent to us at the following address: filing a complaint at the address ellemay.sainttropez@gmail.com. Refund procedure: the refund procedure can be carried out after an investigation of the product (s) purchased, more details filing a complaint at ellemay.sainttropez@gmail.com

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Article 12: Guarantees

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In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made. The refund request must be made as follows: filing a complaint at ellemay.sainttropez@gmail.com

The Seller recalls that the consumer has 14 days from the delivery of the goods to act with the Seller.

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Article 13: Complaints and mediation

 

If necessary, the Buyer may submit any complaint by contacting the company using the following contact details: filing a complaint at ellemay.sainttropez@gmail.com. In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can use a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code. In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer can submit the dispute to a mediator who will independently attempt to bring the parties together. with a view to obtaining an amicable solution.
 

Article 14: Termination of the contract

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The order can be resolved by the buyer by registered letter with acknowledgment of receipt in the following cases:

- Delivery of a product that does not comply with the characteristics of the order;

- Delivery exceeding the deadline set when ordering or, failing a date, within thirty days of payment;

- Unjustified price increase or modification of the product. In these cases, the buyer can demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

Article 15: Intellectual property rights

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Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

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Article 16: Force majeure

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The performance of the seller's obligations under these terms is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

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Article 17: Nullity and modification of the contract

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If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

Article 18: Protection of personal data In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller sets up a processing of personal data for the purpose of selling and delivering the products and services defined in this contract.

 

Article 18: Applicable law and clauses

 

All the clauses appearing in these general conditions of sale, as well as all the purchase and sale transactions referred to therein, will be subject to French law. The nullity of a contractual clause does not entail the nullity of these general conditions of sale.

 

Article 19: Consumer information

For the purposes of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below: Aricle 1641 of the Civil Code: The seller is bound by the guarantee due to the hidden defects of the item sold which make it unsuitable for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. Aricle 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code: The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable: - if it corresponds to the description given by the seller and has the qualities that the latter 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 producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
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 guarantee which was granted to him during the acquisition or repair of movable property, condition covered by the warranty, any downtime of at least seven days is added to the warranty period that remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.