These general conditions of sale are concluded between :
EMILY'S PILLOW RCS Nanterre 890 694 227 Hereinafter referred to as “ The Seller ” FIRSTLY,
Anyone wishing to make a purchase via the Seller's website, at https://www.emilyspillow.com Hereinafter referred to as “ The Client ” ON THE OTHER HAND.
Article 1: object
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 is prohibited from 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 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 their 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 the products
The products offered are presented on the Seller's Site.
The photographs possibly matching 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 proposed on 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 VAT at the rate in force on the day of the order. Any change in 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 only be 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 sales price is due upon ordering.
The order can be adjusted by the following means:
by bank card (Carte Bleue, Visa, Eurocard, Mastercard accepted in France), thanks to the secure STRIPE server and thanks to the SSL protocol, the Seller offers completely secure online payment.
The Customer's bank card number is therefore only directed to the bank's servers, in a secure environment.
An invoice showing VAT will be sent by the Seller to the Customer upon simple request from the latter addressed to the Seller.
Article 4 – Order process
The Customer wishing to place an order on the Seller's Site must:
consult the item sheets and add the desired items to your basket
validate the basket
correct any entry errors
validate the order
choose and validate your payment method
It is up to the Customer to ensure the accuracy of the information provided, for which he is solely responsible.
The Seller will immediately communicate to the Customer by email 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 signed a distance sales contract with his banking organization. The banking transaction is secure and, in no way, does the Seller keep any banking information about 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 ordering.
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.
Under no circumstances may the delivery time exceed 30 days.
If the delivery deadline exceeds seven days and is not due to a case of force majeure, the Customer may cancel his order by registered letter with acknowledgment 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 him of his decision, if delivery has not taken place between the sending and receipt of this letter.
Reimbursement 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 reimbursement method.
Article 6 – Unavailability of products
If the ordered product 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 possibility of obtaining a refund (within 30 days of payment of the sums he has paid) or an exchange of the unavailable product for an equivalent product. In this case, the return costs will be the responsibility of the Seller.
Article 7 – Liability
The Seller may exempt himself from all or part of his 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 in 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 – Guarantee
All products supplied by the Seller benefit from the legal guarantee provided for in articles 1641 et seq. of the Civil Code.
In addition, the Customer also benefits from the guarantee of product conformity, provided for by articles L. 211-4 et seq. of the Consumer Code.
In the event of non-conformity of a product sold, the Customer will have the choice between repairing or replacing the product.
However, if the Customer's choice results in a clearly disproportionate cost for the Seller, he may proceed according to the method of his choice.
If repair and replacement of the product are impossible, the Customer may return the product and be reimbursed the price.
Reimbursement of the price is also possible if the solution requested by the Customer cannot be implemented within one month following the buyer's complaint.
In all cases, the application of the guarantee for non-conformity of the product will take place at no cost to the Customer.
All complaints under this article must be made by post to the following address:
3, rue de l’aitre 77400 Lagny-sur-Marne
or by email to the following address: email@example.com
Article 9 – Intellectual property
All elements of the Site, in particular all graphic, sound, textual and video elements, including the underlying technology and presentation of the products, are the exclusive property of the Seller.
The Customer is therefore formally prohibited 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 involving the civil and criminal liability of its author.
Likewise, any process, particularly relating to the technique of framing or deep-linking, is formally prohibited, unless there is express, special and written authorization issued by the Seller.
The Customer therefore undertakes not to infringe the “EMILYSPILLOW” brand. It is strictly prohibited 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 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 Customer's personal data has been declared to the CNIL under the number: [Awaiting attribution].
In accordance with the provisions of article 27 of the Data Protection Act of January 6, 1978, the Customer has the right to access, modify, rectify or delete his collected data by simply contacting the Seller at 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 precisely 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 period, 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 delivery of the order to return the product to the Seller. with a view to its 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 according to the Customer's specifications such as tailor-made or personalized products.
Article 12 – Renunciation and tolerance
It is formally agreed between the co-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 the frequency and duration, cannot constitute a modification of the present, nor generate any right.
More specifically, no delay or any inaction, abstention or omission on the part of the Seller in the exercise of any of its rights hereunder will infringe said rights, nor will it be considered as implying on its part a waiver of rights.
Article 13 – Completeness
These general conditions express the entirety of the obligations of the parties.
No indication, no document can give rise to obligations hereunder if they are not the subject of an amendment signed by both parties.
No correspondence prior to the signing of these presents can give rise to obligations under said contract.
Article 14 – Partial non-validity
If a particular stipulation hereof is held to be invalid, or declared as such by a decision having the force of res judicata of a competent court, the other stipulations will retain all their force and scope, with the exception of the cancellation of the 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 hereof, the parties agree prior to any legal action that any claim will be subject to prior notice by registered mail. with request for acknowledgment of receipt. Any party may then, after a period of ten days following sending the letter referred to in the preceding paragraph, initiate any useful procedure.
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