Terms and Conditions
GENERAL CONDITIONS OF SALE
Last updated on: July 05, 2021
These General Terms and Conditions of Sale are concluded between, on the one hand, De Ascencao Eva, a sole proprietorship with capital of €0 registered with the RCS of Martignas sur Jalle under number 887 864 445, having its registered office at Av du Colonel pierre Bourgoin (hereinafter "De Ascencao Eva"), and on the other hand, any person having made a purchase on the site https://www.etcreations.fr hereinafter referred to as "the Customer". Any purchase on the site https://www.etcreations.fr (hereinafter the "Site") automatically entails acceptance of all of these conditions.
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Seller on the site https://www.etcreations.fr. The Products offered for sale on the site are as follows: scarves; scrunchies. The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site https://www.etcreations.fr which the customer is required to read before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are understood to be within the limit of available stocks, as specified when placing the order. These GTC are accessible at any time on the site https://www.etcreations.fr and will prevail over any other document.
ARTICLE 2 - Prices
The Products are supplied at the current prices listed on the website https://www.etcreations.fr, when the order is registered by the Seller. All prices are indicated in Euros including tax. These prices are firm and not revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
ARTICLE 3 – Orders
In order to place an Order, the Customer selects the Products of their choice on the Site and adds them to their virtual shopping cart. Once the Order is finalized, the handling is confirmed by De Ascencao Eva by sending an email to the Customer at the address indicated when placing the Order. The Order is validated once payment has been made in full and received by De Ascencao Eva.
Any order placed on the site https://www.etcreations.fr constitutes the formation of a contract concluded remotely between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
ARTICLE 3 Bis - Customer area - Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by completing the form which will be offered to him at the time of his order and undertakes to provide sincere and exact information concerning his civil status and his contact details, in particular his email address.
The Customer is responsible for updating the information provided. It is specified that he can modify it by logging into his account.
To access his/her personal space and order history, the Customer must identify himself/herself using his/her username and password, which will be communicated to him/her after registration and which are strictly personal. As such, the Customer is prohibited from disclosing them. Otherwise, he/she will remain solely responsible for the use made of them.
The Customer may also request to unsubscribe by going to the dedicated page on their personal space or by sending an email to: contact@etcreations.fr. This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the site https://www.etcreations.fr will have the possibility of suspending or even closing a customer's account after formal notice sent electronically and remaining without effect.
Any deletion of an account, whatever the reason, results in the pure and simple deletion of all the Client's personal information.
The Seller shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance.
Creation of the account implies acceptance of these general conditions of sale.
ARTICLE 4 - Payment conditions
The Customer pays on the site https://www.etcreations.fr by bank card from the Visa, Mastercard and American Express networks via the secure Stripe payment platform.
The price is payable in cash by the Customer, in full on the day the order is placed. Payments made by the Customer will only be considered final after the Seller has actually received the amounts due. The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 - Deliveries
Delivery times are specified on each product sheet. To find out more, we invite you to visit the page on delivery times and methods. The times announced correspond to the delivery times indicated by the chosen carrier. In the event of non-compliance with these, or in the event of non-delivery of the package by the service provider, De Ascencao Eva cannot be held responsible.
If the Products ordered have not been delivered within 1 month after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer under the conditions set out in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
Deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.
The Customer is required to check the condition of the delivered products. He has a period of ? for... from delivery to make complaints by email: et.vousreponds@gmail.com, accompanied by all supporting documents relating thereto (photos in particular). After this period and in the absence of having complied with these formalities, the Products will be deemed compliant and free from any apparent defect and no complaint may be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.
The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the risk of the Seller except when the Customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - Right of withdrawal
According to the terms of article L221-18 of the Consumer Code “
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
The right of withdrawal may be exercised online, using the attached withdrawal form and also available on the site or any other declaration, free of ambiguity, expressing the desire to withdraw and in particular by postal mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the T&Cs.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted.
The return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 8 - Seller's Liability - Guarantees
The Products supplied by the Seller benefit from:
- of the legal guarantee of conformity, for defective, damaged or damaged Products or those not corresponding to the order,
- of the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility."
Article L217-5 of the Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where 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 in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement by 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 L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
Article 1641 of the Civil Code.
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
Article 1648 paragraph 1 of the Civil Code
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”
Article L217-16 of the Consumer Code.
"When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention."
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery.
The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 20 days following the Seller's discovery of the lack of conformity or hidden defect. This refund may be made by bank transfer or check.
The Seller shall not be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products which are non-compliant or affected by a defect.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. This personal data is collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the site https://www.etcreations.fr are as follows:
Account opening
When creating the Client/user account:
Names, first names, postal address, telephone number and email address.
Payment
As part of the payment for the Products offered on the site https://www.etcreations.fr, it records financial data relating to the bank account or credit card of the Customer/user.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expressly agrees, his/her personal data is not used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the limitation period of the applicable contractual civil liability.
9.6 Security and Privacy
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Client and User Rights
In accordance with the regulations applicable to personal data, Customers and users of the site https://www.etcreations.fr have the following rights:
- They can update or delete data concerning them
- They can delete their account by writing to the email address indicated in article 9.3 “Data controller”
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data Controller”
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data Controller”
- They may also request the portability of data held by the Seller to another service provider.
- Finally, they can object to the processing of their data by the Seller.
These rights, provided that they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to comply with the Client's request, reasons must be given.
The Customer is informed that in the event of refusal, he/she may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority.
The Customer may be asked to check a box to agree to receive informative and advertising emails from the Seller. The Customer will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the site https://www.etcreations.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 - Applicable law - Language
These General Terms and Conditions and the operations resulting from them are governed by and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 12 - Disputes
For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these T&Cs.
The Customer is informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from purchase and sale transactions concluded under these General Terms and Conditions and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.