Terms of Sales

These general conditions of sale are concluded between :

EMILY'S PILLOW
RCS Nanterre 890 694 227
Hereinafter referred to as “ The Seller ”
ON THE ONE HAND,

And :

Any person wishing to make a purchase via the Seller's website, at the address https://www.emilyspillow.com
Hereinafter referred to as “ The Client ”
ON THE OTHER HAND.

Article 1 – Purpose

These General Conditions of Sale aim to define the contractual relations between the Seller and the Customer, and the conditions applicable to any purchase made through the Seller's merchant site https:// www.https://www.emilyspillow .com /, hereinafter referred to as "the Site".

By these General Conditions of Sale, the Customer prohibits any purchase for resale, within the meaning of article L 110-1 of the Commercial Code.

The Customer must be at least 18 years old and have the legal capacity or hold parental authorization allowing him to place an order on the Site.

The acquisition of a product through the Site implies full and complete acceptance by the Customer of these General Conditions of Sale. These will prevail over any other general or specific conditions of the Customer.

The Seller reserves the right to modify these General Conditions of Sale at any time. It is, however, agreed that the Conditions applicable to the Customer will be those in force on the date of his order on the Site.

These General Conditions of Sale are the exclusive property of the Seller. Any reproduction, even partial, is strictly prohibited.

Article 2 – Description of products

The products offered are presented on the Seller's Website.

The photographs possibly accompanying the presentation of the products are as faithful as possible but cannot ensure perfect similarity with the product offered and present, in certain cases, presentation suggestions of which all the elements constituting the photographs are not systematically offered for sale.

It is specified that the products offered comply with the regulations in force relating to the composition of the products, in the sense that they comply with the health and safety of consumers.

Article 3 – Price

The prices indicated by the Seller at the time of the order are expressed in Euros including VAT, based on the VAT rate in effect on the day of the order. Any change in the rate will be reflected immediately in the price of the products offered.

The Seller reserves the right to modify its prices at any time, it being understood, however, that the prices presented on the Seller's website on the day of the order will be the only ones applicable to the Customer.

Prices shown include order processing fees.

The transport and delivery costs applied are those indicated on the Site at the time of the order.

The sale price is due upon ordering.

The order can be settled by the following means:

• by credit card (Carte Bleue, Visa, Eurocard, Mastercard accepted in France), thanks to the secure STRIPE server and thanks to the SSL protocol, the Seller offers a fully secure online payment.
• by Paypal.

The Customer's bank card number is therefore only directed to the bank's servers, in a secure environment.

An invoice showing the VAT will be sent by the Seller to the Customer upon simple request from the latter addressed to the Seller.

Please note that our promotional codes are not valid on our different packs.

Article 4 – Order process

The Customer wishing to place an order on the Seller's Site must:

• consult the product sheets and add the desired items to your basket
• validate the basket
• correct any input errors
• validate the order
• choose and validate your payment method

It is the Customer's responsibility to ensure the accuracy of the information provided, for which he is solely responsible.

The Seller will immediately communicate to the Customer by email the confirmation of the registered order.

All data provided and the recorded confirmation constitute proof of the transaction.

The Seller will archive orders and order confirmations on a reliable and durable medium constituting a faithful copy, in accordance with the provisions of Article 1348 of the Civil Code.

The Seller's computerized records will be considered by the Parties as proof of communications, orders, payments and transactions between the Parties.

It is specified that the Seller has entered into a distance selling contract with his banking institution. The banking transaction is secure and, in no way, does the Seller keep banking information on the Customer.

Finally, it is specified that the Seller reserves the right to refuse an order that is abnormal, particularly with regard to the quantities ordered.

Article 5 – Delivery

The Products presented on the Seller's website can be delivered worldwide.

Deliveries are made to the address indicated by the Customer for this purpose.

The maximum delivery time for a product from the order is indicated in the product description, prior to the order.

In the event of a group purchase of several products, the delivery time applicable to the entire order corresponds to the longest time indicated for one of these products.

The delivery deadline will be specified in the order confirmation email.

In no case may the delivery time exceed 30 days.

In the event that the delivery deadline is exceeded by more than seven days and not due to a case of force majeure, the Customer may cancel his order by registered letter with acknowledgement of receipt, within sixty working days from the date indicated for delivery.

Cancellation of the order will be effective upon receipt by the Seller of the letter by which the Customer informs it of its decision, if delivery has not taken place between the sending and receipt of this letter.

The refund will be provided by the Seller, using the payment method of its choice, within a maximum period of thirty days from the date on which the Customer informed the Seller of the cancellation of the order.

The Customer is nevertheless entitled to opt for another method of reimbursement.

Article 6 – Unavailability of products

In the event that the product ordered is unavailable in stock, the Seller will inform the Customer by email as soon as possible and the price will be refunded to the Customer within thirty days of payment of the sums paid.

The Customer will then have the option of obtaining a refund (within 30 days of payment of the amounts paid) or an exchange of the unavailable product for an equivalent product. In this case, the return costs will be borne by the Seller.

Article 7 – Liability

The Seller may be exonerated from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

The Seller cannot be held responsible in the event of a computer bug occurring during the order, linked to the Customer's internet connection.

Article 8 – Warranty

Article 9 – Intellectual property

All elements of the Site, in particular all graphic, sound, textual and video elements, including the underlying technology and the presentation of the products, are the exclusive property of the Seller.

The Customer therefore formally prohibits himself from carrying out any reproduction, representation or distribution, even partial, of any particular element forming an integral part of the Seller's website.

All reproductions and representations of the Site are subject to the express prior agreement of the Seller.

Failure to comply with this obligation constitutes an infringement engaging the civil and criminal liability of its author.

Likewise, any process, particularly relating to the framing or deep-linking technique, is formally prohibited, except with express, special and written authorization issued by the Seller.

The Customer therefore undertakes not to infringe the “EMILYSPILLOW” trademark in any way. It is strictly forbidden to use or reproduce the name “ EMILYSPILLOW ”, in any capacity whatsoever, and on any medium whatsoever, without the prior written consent of the Seller.

Article 10 – Personal data

The Seller informs the Customer that his personal data is recorded and that the Seller has taken the preliminary steps with the CNIL concerning the processing of this data, in accordance with the provisions of the Data Protection Act No. 78-17 of January 6, 1978.

The Customer is informed that his data is subject to processing allowing the Seller to be able to offer him the various services offered by the Site.

Thus, the processing of the Client's personal data has been declared to the CNIL under the number: [Pending allocation].

In accordance with the provisions of Article 27 of the Data Protection Act of 6 January 1978, the Customer has the right to access, modify, rectify or delete their collected data by simply contacting the Seller at the following address: EMILYSPILLOW SAS, PARIS

The Seller certifies to the Customer that its data is stored in the territory of the European Union, and more specifically in France.

The data transmitted by the Customer is not communicated by the Seller to third parties and is not used for commercial prospecting purposes.

The Customer is informed that his connection information and, in particular, the pages consulted and the IP addresses are kept for the legal duration, namely: one year.

Article 11 – Right of withdrawal

Any Customer, considered a consumer within the meaning of the Consumer Code, ordering on the Seller's Site for non-professional needs, benefits from a withdrawal period of thirty days from the delivery of the order to return the product to the Seller for reimbursement, without penalties, the return costs are the responsibility of EMILYSPILLOW .

The product must be returned in its original condition and packaging, new, unworn and unwashed.

However, the Customer is informed that the right of withdrawal does not apply to products made to the Customer's specifications, such as custom-made or personalized products.

Article 12 – Waiver and tolerance

It is formally agreed between the contracting parties that any tolerance or waiver by one of the Parties in the application of all or part of the commitments provided for herein, whatever their frequency and duration, cannot constitute a modification of these terms and conditions, nor generate any right whatsoever.

More specifically, no delay or inaction, abstention or omission on the part of the Seller in exercising any of its rights hereunder shall affect said rights, nor shall it be considered as implying on its part a waiver of its rights.

Article 13 – Entirety

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

No indication or document may give rise to obligations under these terms if they are not the subject of an amendment signed by both parties.

No correspondence prior to the signing of these presents may give rise to obligations under said contract.

Article 14 – Partial invalidity

If any particular provision of these presents is held to be invalid, or declared as such by a decision having the force of res judicata of a competent court, the other provisions shall retain their full force and scope, with the exception of the cancellation of Articles 3, 7 and 8, considered by the parties to be essential.

Article 15 – Applicable law and jurisdiction

These General Conditions of Sale are subject to French law.

In the event that a dispute arises between the parties as a result of the execution or interpretation of these terms, the parties agree, prior to any legal action, that any claim will be the subject of a prior formal notice by registered letter with acknowledgement of receipt.
Any party may then, after a period of ten days following the sending of the letter referred to in the preceding paragraph, initiate any useful procedure.