General terms and conditions of sale
Between EIKEN (raison sociale: Baptiste PESANTI, 2019 Route du Châtelard, 73700, Bourg Saint Maurice, FRANCE - SIRET : 84203848100011). The brand can be reached by email by clicking on the contact form accessible via the home page of the site or by sending an email to email@example.com. Hereinafter referred to as the "Seller" or the "Company".
On the one hand, and the natural or legal person purchasing the company's products or services, hereinafter, "the Purchaser", or "the Customer" On the other hand, It has been exposed and agreed as follows:
The Seller is a publisher of products and services exclusively for consumers, marketed through its websites (https://eiken.fr and https://eikenshop.com). The list and description of the goods and services offered by the Company can be consulted on the above-mentioned websites.
Article 1: Purpose and general provisions
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
These General Terms and Conditions (GTC) apply to all sales of Products, made through the Company's websites that are an integral part of the Agreement between the Buyer and the Seller. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or first payment in the case of multiple payments) of the order. These GTCs can be consulted on the Company's website at the following address: eikenshop.com & eiken.fr. The Company also ensures that its acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares that he has read all these General Terms and Conditions of Sale and, where applicable, the Specific Conditions of Sale related to a product or service, and accept them without restriction or reservation. The Client acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Client declares that he is in a position to enter into a legal contract under French law or to validly represent the natural or legal person for whom he undertakes to do so. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Prices
The prices of products sold through the websites are indicated in Euros including VAT and 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 automatically calculated excluding tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the relevant local authorities and reserves the right to change its prices at any time in the future. The telecommunication costs necessary to access the Company's Internet sites are the responsibility of the Client. If necessary, also the delivery costs.
Article 3: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete his order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Product;
➢ Choice of the Product, where applicable, of its options and indication of the Customer's essential data (identification, address, etc.);
➢ Acceptance of these General Terms and Conditions of Sale.
➢ Checking of the order elements and, if necessary, correction of errors.
➢ Follow-up of payment instructions and payment of products.
➢ Product delivery.
The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgement of receipt of the order confirming it. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purpose of the proper execution of the order, and in accordance with Article 1316-1 of the French Civil Code, the Client undertakes to provide its true identification details. 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 4: Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies that he has received a detailed description of the delivery costs as well as the terms of payment, delivery and performance of the contract. The Seller undertakes to honour the Customer's order within the limits of available Product stocks only. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail and in English. In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that illustrations or photos of products offered for sale have no contractual value. The validity period of the Products' offer and their prices are specified on the Company's websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided) In accordance with the legal provisions concerning conformity and hidden defects, the Seller shall refund or exchange defective products or products that do not correspond to the order. The refund can be requested as follows: see returns policy
Article 5: Retention of Title Clause
The products remain the property of the Company until full payment of the price.
Article 6: Terms of delivery
The products are delivered to the delivery address that was indicated when the order was placed and within the specified time. This period does not take into account the time required to prepare the order. In the event of late delivery, the Customer may terminate 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 "one-way" expenses under the conditions of Article L 138-3 of the Consumer Code. The Seller reminds that at the moment the Customer is physically in 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 regarding the delivered product.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In the event of unavailability of an item for a period exceeding 10 working days, you will be immediately informed of the expected delivery times and the order of this item can be cancelled on request. The Customer may then request a credit note for the amount of the item or its refund.
Article 8: Payment
Payment is due immediately upon order, including for pre-order products. The Customer may pay by credit card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa) Secure online payment by credit 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 Article L. 132-2 of the French Monetary and Financial Code, the payment undertaking given by card is irrevocable. By providing his bank details at the time of sale, the Customer authorises the Seller to charge 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 if it is impossible to charge the card, the Sale is immediately cancelled by operation of law and the order cancelled.
Article 9: Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where applicable, of the return costs". "The period referred to in the preceding paragraph shall run from the date of receipt for the goods or acceptance of the offer for the provision of services". The right of withdrawal can be exercised by contacting the Company as follows: by email at firstname.lastname@example.org. We inform Customers that, in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for certain goods, in particular, products modified/personalized by the Customer himself. In case of exercise of the right of withdrawal within the above-mentioned period, only the price of the purchased product(s) and the shipping costs will be refunded, the return costs remain the responsibility of the Customer. The products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; they must be accompanied, if possible, by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard withdrawal form to be sent to us at the following address: email@example.com
Article 10: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller shall refund the buyer or exchange products that are apparently defective or do not correspond to the order placed. The refund request must be made in the following way: by email to firstname.lastname@example.org. The Seller points out that the consumer: - has a period of 2 years from the delivery of the goods to take action against the Seller - that he may choose between replacing or repairing the goods subject to the conditions laid down in Article 6(1)(a), which is apparently defective or does not correspond to them - that he is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. - that, except for second-hand goods, this period will be extended to 24 months from 18 March 2016 - that the consumer may also claim the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between cancelling the sale or reducing the sale price (provisions of Articles 1644 of the Civil Code).
Article 11: Complaints
If necessary, the Purchaser may submit any complaint by contacting the company using the following contact details email@example.com
Article 12: Intellectual Property Rights
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 transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these properties for any reason whatsoever is strictly prohibited.
Article 13: Force Majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: Invalidity and amendment of the contract
If one of the provisions of this contract is cancelled, this cancellation will not result in the cancellation of the other provisions that will remain in force between the parties. Any contractual amendment is only valid after a written agreement signed by the parties.
Article 15: Protection of personal data
In accordance with the Data Protection Act of 6 January 1978, you have the right to query, access, modify, oppose and rectify any personal data concerning you. By adhering to these general terms and conditions of sale, you consent to the collection and use of this data by us for the purpose of fulfilling this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact the controller (the Company) by RAR letter. We monitor traffic on all our sites.
Article 16: Applicable law
All the clauses appearing in these general terms and conditions of sale, as well as all the purchase and sale operations, referred to therein, shall be subject to French law.