These General Terms and Conditions of Sale shall apply as between:
Eusamex SARL, a registered commercial company with the Commercial and Company Register in Mulhouse, with head office at 7 Av d’Italie 68110 Illzach France and represented by Mr. Charbel Raphael in his capacity as General Manager,
Telephone: +33 3 89065978
Mail: [email protected]
Hereinafter referred to as « Eusamex »
Any individual acting as a private person or as a representative of an entity with personality at law visiting or carrying out via the site www.imagesdorient.net, the property of Eusamex, a purchase of products via the website www.imagesdorient.net
Hereinafter referred to as the « Web User »
Any order taking carried out on the web site www.imagesdorient.net assumes prior consultation and acceptance of these general terms and conditions.
The website www.imagesdorient.net is an e-commerce site, such that the web user admits that he or she is perfectly informed of the fact that his or her manuscript signature of this document is not required for his or her agreement to these general terms and conditions of sale.
The web user is invited to save and print these general terms and conditions of sale, which shall be valid for both parties.
The web user declares that he or she is of age and has full legal powers to commit himself or herself under these general terms and conditions and to subscribe to contracts under French Law.
Eusamex France SARL
7 Avenue d'Italie
1 - PURPOSE
The purpose of these general terms and conditions is to lay down the rights and obligations of the parties in the context of remote selling of products offered on the sales pages accessible on the web site www.imagesdorient.net from the passing of the order to after sales service and warranties, including payment and delivery.
2 - APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
The version of the general terms and conditions of sale applicable to the web user shall be that appearing on the site at the time of validation of the order by the web user.
The various versions of the General Terms and Conditions of Sale shall be archived by Eusamex.
All General Terms and Conditions of Sale may be amended or deleted at any time.
3 - SITE UNAVAILABILITY
The web site www.imagesdorient.net or access to one or more services on the site such as the online sales pages may, without warning and without giving rise to any indemnity, be definitively or temporarily closed, without the web user being able to claim any compensation whatsoever.
4 - PRODUCTS
The products offered for sale by Eusamex, namely tableware and tabletop accessories shall be those appearing on the www.imagesdorient.net website on the day on which the web user consults the site.
The products are offered up to the limit of stocks available. Although the stock is displayed in real time on the www.imagesdorient.net site, a product may occasionally be unavailable (inventory or other error). In these circumstances, Eusamex undertakes to inform the web user by any means suitable to it at the earliest opportunity from the time of the order.
On this assumption, Eusamex may, in agreement with the web user, program a new delivery date depending on stock replenishment. If there is no agreement, or if it is impossible to obtain the product ordered, Eusamex will reimburse the sums paid by the web user within a maximum period of 10 days, the latter not being able to claim any indemnity of any kind whatsoever.
The greatest care is taken, prior to any order, to provide online information in particular on the essential characteristics of the products for sale, on payment methods and delivery. Nevertheless, small differences in the information provided on the products, such as the product images, with no bearing on their essential characteristics, may be present. Such differences may not under any circumstances whatsoever, commit Eusamex’s contractual responsibility.
The online information on the site www.imagesdorient.net shall not under any circumstances whatsoever exonerate the web user from taking note of information attached to the product or on it or its packaging (precautions for use, instructions for cleaning...).
4.3 Using the products
The customer undertakes to use the products in accordance with their purpose and to follow the products’ instructions for use.
Eusamex may not be held liable for improper use of the products in particular for any use other than that provided for.
5 - PRICES
Prices relating to the product order are displayed in the online sales page dedicated for the purpose.
Prices are displayed in Euros exclusive or inclusive of tax depending on the country of the web user. Information on whether tax is included or excluded in the price appears on the product description and is repeated in the order summary.
The prices do not include, unless stated to the contrary, delivery charges, which will appear in addition to the price when making the order and prior to the web user confirming the order.
On confirmation by e-mail of the web user’s order, the total amount for the order will be displayed (price + delivery charges) in Euros.
The prices of the products do not include communication charges linked to the online sales service which shall be borne by the web user.
Eusamex reserves the right to amend its prices at any time. Nevertheless, articles shall be invoiced on the basis of the price schedule currently in force at the time the purchaser registers the order.
6 - ORDER
6.1 Taking orders
Order taking includes the following stages:
- Stage 1: filling the basket.
- Stage 2: The information communicated by the web user when opening his or her customer account or when making each individual order must be complete, accurate and up to date. If not, Eusamex will be unable to carry out the order(s). If the web user does not wish to communicate such information, Eusamex will be unable to respond favorably to his or her order
- Stage 3: consulting the General Terms and Conditions of Sale.
- Stage 4: acceptance of all the general terms and conditions of sale by ticking the box marked « I accept the general terms and conditions of sale » (box un-ticked by default)
- Stage 5: Validation of the order.
The web user receives an acknowledgement of receipt of his or her order by e-mail.
All orders made by the web user by the stages described above shall constitute an irrevocable acceptance of the general terms and conditions.
6.2 Confirmation of the order
In compliance with the applicable regulations, the contractual information shall be subject to confirmation when the time comes and at the latest at the time of delivery by e-mail to the e-mail address provided by the web user on the order form.
This confirmation e-mail shall include in particular the following information:
- a description of the products;
- the numeric identification of the order;
- the total sum for the order (price + delivery charges);
- a reminder of the secure conditions of payment.
The web user shall be responsible for safe keeping of the contractual information on a medium of his or her choice.
Eusamex reserves the right not to confirm the order in particular in the event of a refusal of authorization to pay, erroneous address or any other problem with the user’s account. In such an event, Eusamex shall inform the web user by e-mail.
The order shall only be definitive following:
- settlement of the whole price by the web user;
- checking of availability of the product by Eusamex at the earliest opportunity from the dispatch of the e-mail indicating receipt of the said order to the web user.
Once an order is registered it may not be amended.
7 - PAYMENT
7.1 Payment means
Payment is carried out online by bank card either by Eusamex’s partner bank. The delivery slip for the product will be placed inside the package containing the product ordered.
The order shall only be definitive once it has been confirmed by settlement of the price by purchaser.
For payments by bank card carried out on its site, Eusamex uses the secure payments service on the server of its partner banks. All information sent from the site www.imagesdorient.net to the payment site is systematically encrypted to ensure confidentiality. All credit card payments made on the site are in immediate charge.
7.2 Failure to pay
In the event of failure to pay not justified by a valid reason, Eusamex shall have the right to claim late payment interest calculated on the basis of the current legal rate plus three points applicable from the due date for payment.
In the event of disputed collectability (debt collection agency, solicitor, or bailiff) and following a simple letter, the debts owed by Eusamex to such professionals shall be increased by 40 EUR as a flat rate indemnity for recovery, without prejudice to a claim for charges actually incurred.
7.3 Right of title
The product delivered shall remain the property of Eusamex until complete and effective payment of the price by the web user. Failure to pay may lead to the reclaiming of the goods by Eusamex.
Transfer of risk of loss or deterioration to the web user shall take place on the date of delivery of the product, in other words, on receipt of the product by the web user.
8 - TERMS AND CONDITIONS OF DELIVERY AND DELIVERY TIMES
8.1 Delivery times
The products ordered by the web user shall be delivered within a maximum period of time of 30 days from confirmation of the order and payment.
If the product is unavailable, Eusamex undertakes to inform the web user without delay so that the web user may be reimbursed in good time and within 14 days at the earliest opportunity from the payment of the sums spent.
In the event of a predictable delay in delivery, Eusamex undertakes to inform the web user as soon as possible and by any means so that the latter may then choose to maintain or cancel the order totally or partially.
Eusamex may not be held liable for the consequences of any events independent of its will, in particular in the event of force majeure or acts of God leading to delay or cancellation of delivery of the product ordered.
In the event of failure to respect the period of time mentioned plus 7 days, the web user may cancel his or her order by dispatch of a recorded delivery letter with acknowledgement of receipt to the address of the head office provided at the head of these general terms and conditions. The cancellation shall only be accepted by Eusamex if the dispatch of the delivery has not taken place between dispatch and receipt of the said letter. The web user shall be reimbursed within 14 days at the latest from receipt of the recorded delivery letter by Eusamex.
Eusamex reserves the right to choose the goods’ transporter and guarantees the good routing of the products.
ATTENTION: if the parcel is returned to the sender for being unclaimed or if the web user has provided a wrong delivery address, Eusamex reserves the right to bill the web user again for the new shipping fees. In this case, if the package is again returned to the sender, it will not be returned to the Internet user and the amount corresponding to this order, including any additional delivery costs, will be retained by Eusamex.
8.2 Checking delivery
Eusamex guarantees the conformance of the product delivered with the essential characteristics as described on the site www.imagesdorient.net usage in accordance with its purpose.
The web user shall check the state of the packaging and the conformity of the product delivered and if need be shall note any reservation on the transporter’s delivery slip.
The choice of transporter belongs to Eusamex. Delivery charges are stated prior to order confirmation.
Eusamex is not responsible for destination country tax and/or duty charge that may incur. Customers will be held accountable for any restrictions, duties, taxes, and any other fees collected from the destination country, prior to ordering. Eusamex will not be responsible for any Duties, Taxes, or Customs fees under any circumstances.
If the order arrives at your country and:
-The customer refuses to accept the package
-No attempt is made in the country of destination to deliver the package.
Eusamex reserves the right to abandon the package(s) and will not be responsible for any refund.
9 - WARRANTY
9.1 Warranty for hidden or latent defects (see extracts from Civil Code in Schedule 2)
Eusamex is bound to respect the legal warranty against hidden or latent defects under the meaning of Article 1641 of the Civil Code which states: “the seller is bound to provide warranty for hidden or latent defects rendering the item sold unsuitable for the use for which it is intended or which diminishes use to such a degree that the purchaser would not have acquired it or would only have been prepared to pay a lower price had he or she known.”
However that may be, Eusamex may not be held liable for improper use of the product by the web user, for normal wear and tear of the product, or for failure to maintain it.
9.2 Nonconformity (see extracts from Civil Code in Schedule 2)
Most of our products are handmade, and as such certain variances in color and size may occur and cannot be considered as irregularities. However, in the event of nonconformity of the product delivered, the web user must inform Eusamex Customer Service by e-mail clearly describing the nonconformity noticed.
9.3.3 Consideration of the web user’s application
Eusamex undertakes, in the light of the application made by the web user, to exchange or reimburse the product to the web user, subject to it being returned in its original packaging. In the event of a manifest difference in the cost of the 2 options, Eusamex will opt for the less expensive solution. When an item is returned on grounds of a defect, Eusamex shall reimburse the costs of carriage on presentation of the relevant proofs and at all events according to the tariffs currently in force. Reimbursement shall be made prorata depending on the price of the product in relation to the complete order.
Subject to the consent of the web user, Eusamex may suggest a credit note instead of exchange or reimbursement.
The stipulations laid down in this Article do not affect your rights to withdrawal as provided for in Article 10.
10 – RIGHT OF WITHDRAWAL
In application of Article L.121-20 and following of the Consumer Code, the web user enjoys a period of fourteen days from the receipt date of the order to exercise their right to withdrawal.
If the web user uses this right of withdrawal, return of the product must be made in the original packaging, in a reasonable condition, in other words, without excessive handling (no significant deterioration of the packaging) by at the most fourteen days following communication of his or her decision to withdraw and accompanied by all the information and an indication of the invoice relating to the products.
A product which has deteriorated due to excessive handling (in particular, damaged, damaged and incomplete return, absence of labelling, etc.) will not be accepted. Costs of return shall be borne by Purchaser.
In the event of an exercise of the right to withdraw, in accordance with the withdrawal application attached in Schedule 1, the web user may request the reimbursement of the order, not including the costs of dispatch and return incurred. In the event of exchange, the web user is invited to re-order directly on the site and return the original item in order for Eusamex to proceed to the refund, processing times being faster and new shipping fees at the web user charge in both cases.
Since then, Eusamex will reimburse the web user within a maximum period of time of 14 days from the effective return of the product, directly on the payment mean used.
All product returns must be requested by e-mail to our customer service department at [email protected] as detailed at the head of these general terms and conditions.
11 - PERSONAL DATA PROTECTION
Information requested via forms are necessary for processing the order and will be communicated to service provider(s) in charge of carrying out the order and in particular the transporter and/or any other competent authority for ruling on any litigation between Eusamex and a web user. Such information may also be used for knowing more about the web user so that Eusamex can adapt its range to the needs of the web user.
In accordance with the law on Data Processing and Liberties N° 78-17 dated 6 January 1978 on data processing and privacy, the processing of personal information relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) (The National Commission on Information Technology and Liberties) under N° 1859494 v 0. The web user has the right to access, modify, correct or delete his or her personal data. To exercise this right, the web user shall send an e-mail to the Eusamex customer service department at the postal or e-mail address given at the head of these general terms and conditions.
12 - INTELLECTUAL PROPERTY
Items belonging to Eusamex such as the web site, the trade name, games, drawings, models, texts, sound and video clips are the exclusive property of Eusamex, the above list not being considered as exhaustive.
These general terms and conditions do not include any transfer to the benefit of the web user of any type of intellectual property rights over the site or its content belonging to Eusamex.
Eusamex grants you right of access to the site on a personal, nonexclusive and non-transferrable basis for usage which complies with the terms and conditions as laid down in these terms and conditions. Any other use shall be deemed as infringement and will be subject to penal sanctions under the title of Intellectual Property.
The web user undertakes not to impair whether directly or indirectly the property rights of Eusamex and undertakes not to exploit in any manner whatsoever the names, trade names and logos. The web user undertakes to respect all Eusamex’s rights and undertakes not to exploit any similarity in the public mind for any reason whatsoever.
Hypertext links or similar to the home page of this site www.imagesdorient.net or any other page must be systematically applied for and must be withdrawn on simple application by Eusamex.
13 - LIABILITY
Eusamex may not be held liable for any failure in the performance of its obligations due to an act of God and/or to cases of force majeure under the meaning generally accepted by the law and courts of the French Republic or for any causes escaping its control.
Howsoever that may be the liability of Eusamex shall be limited to the price of the product sold unless in the event of an imperative legal provision to the contrary.
Moreover, Eusamex may not be held liable to the degree allowed by current regulations for direct loss including immaterial or indirect damage which may result from accessing the site or from inappropriate usage of the products under the meaning of the “product usage” clause and in particular when the products contain restrictions on usage.
Hypertext links placed on www.imagesdorient.net may lead to other sites whose content shall remain the sole responsibility of the operators and owners of those sites.
14 - FORCE MAJEURE / ACTS OF GOD
In an express manner, the following acts of God besides those usually upheld by the French Courts are considered as cases of force majeure.
The execution by Eusamex of all or part of its obligations shall be suspended in the event of the occurrence of an act of God or force majeure which prevents or delays such execution.
Eusamex will inform the customer of such an act of God or force majeure within fourteen days of its occurrence. If such a suspension lasts beyond a period of time of fifteen days, the Customer shall then be able to cancel the current order and will be reimbursed under the terms explained above.
15 - COMPLETENESS
If one or more of the clauses of this agreement are rendered null and void by a change in legislation, regulations or by a court decision that shall under no account affect the validity and respect for the remainder of these general terms and conditions of sale.
16 - DURATION
These terms and conditions shall apply for the entire duration of the period during which the services offered by Eusamex remain on line.
17 - PROOF
The processed registers, maintained on the Eusamex servers or on those of its hosts shall be considered, unless in the event of proof to the contrary, as proof of communications orders and payments occurring between the parties.
18 - LAW APPLICABLE
These terms and conditions shall be subject to French law, both in substantive and formal respects.
Under no account will Eusamex provide any guarantee of conformity with local legislation which would be applicable when a web user accesses the site from another country.
In the event of an objection, unless in the event of a friendly agreement, the litigation shall be under the exclusive jurisdiction of the French courts of justice for litigation opposing Eusamex to a non-trader and to the Paris Commercial Court for litigation with a trader.
SCHEDULE 1 WITHDRAWAL FORM
In application of Article L.121-20 and following of the Consumer Code, the non trade web user enjoys a period of fourteen days from the receipt date of the order to exercise their right to withdrawal.
I the undersigned, Mr., Mrs., Miss [to be detailed] inform you of my right to withdraw from order N° .... made on your website.
Under that head, I would like you to reimburse the sums paid for that order, except the shipping costs and return costs incurred, within a maximum period of time of 14 days from the effective return of the product ordered.
Moreover, I undertake to return the product to you at my own cost within a maximum of 14 days from the date of exercising my right of withdrawal respecting the provisions of Article 10 of the GTCS namely a product which has not suffered depreciation.
Drawn up in ...
On the ...
SCHEDULE 2 : Extracts from the Civil Code and the Consumer Code
- LEGAL GUARANTEE OF COMPLIANCE WITH THE CONSUMER CODE
The seller is bound to deliver a product in conformity with the agreement and will respond to conformance defects on delivery.
It shall also be responsible for any lack of conformity resulting from the packaging, instructions for assembly or installation when the latter is its responsibility in the agreement or has been carried out under its responsibility.
To comply with the agreement, the good must:
1° be suitable for the standard use expected of a similar good and if need be:
- must correspond to the description provided by the seller and possess the qualities that the former has presented to the purchaser in the form of a sample or model;
- must display the qualities that a purchaser may legitimately expect given any public declarations made by the seller, the manufacturer or its agent, or by its representative, in particular in any publicity or labelling;
2° Or must display the characteristics as laid down by mutual consent by the parties or must be suitable for any specific use sought by purchaser which has been brought to the notice of seller and which the latter has accepted.
Any [legal] action resulting from a lack of conformity must be initiated within two years from delivery of the good.
- WARRANTY AGAINST HIDDEN DEFECTS CIVIL CODE
The seller is bound to provide warranty for hidden or latent defects rendering the item sold unsuitable for the use for which it is intended or which diminishes use to such a degree that the purchaser would not have acquired it or would only have been prepared to pay a lower price had he or she known.
Any action resulting from latent defect(s) must be initiated by purchaser within a period of two years from discovery of the defect.
I: LEGAL NOTICES:
In accordance with French Law on Data Protection and Liberties of 6 January 1978, you have the right to access and correct any information about yourself that is contained in files processed by www.imagesdorient.net
The right to information is covered by Article 32 of the statute dated 6 January 1978 as amended by the statute dated 6 August 2004.
The right to information is covered by Article 38 of the statute dated 6 January 1978 as amended by the statute dated 6 August 2004 and gives you the right to object for legitimate reasons to your appearance in a file. Any person may refuse, without having to provide any reason, to allow his or her details to be used for purposes of prospecting, in particular sales prospecting.
The right to access to information is covered by Articles 39, 41, 42 of the statute dated 6 January 1978 as amended by the statute dated 6 August 2004 any person providing details of his or her identity has the right to question Eusamex for a file or for processing whether the company holds information on him or her, and, if need be, to see such information.
You have a right to correction covered by Article 40 of the statute dated 6 January 1978 as amended by the statute dated 6 August 2004, which enables you to correct, complete and bring up to date, lock or remove information on you if errors or inexact information is found, or if data are found whose collection, use, communication or archiving is forbidden.
You may exercise your rights by contacting Eusamex at the following address:
Eusamex France SARL
7 Avenue d'Italie