Terms and Conditions of Sale – EIKEN SHOP

Version v2.0 – applicable as from its publication online

SECTION 1 – PREAMBLE

These Terms and Conditions of Sale (hereinafter the « Terms ») govern the sales concluded on the website www.eikenshop.com (hereinafter the « Site ») between:

SARL WILD BLOOM & CO
A limited liability company with a share capital of 3 000 €
Registered office: Résidence L’Adonis – Bâtiment A, 378 Route de la Balme, 73150 Val d’Isère – France
SIREN: 850 628 652 – SIRET: 850 628 652 00016
Intra-community VAT number: FR74 850 628 652
EORI number: FR850 628 652 00016
Business activity: Distance selling from a general catalogue (NAF/APE 47.91A)
Contact: info@eikenshop.com

The Site offers new products for sale: backpacks, travel bags, vintage bags, leather bags, satchels and accessories, including products from partner brands.

SECTION 2 – PURPOSE & SCOPE

These Terms apply to any order placed on the Site by a customer acting as a consumer (hereinafter the « Customer »), for delivery within the areas served by EIKEN SHOP.

Any order implies that the Customer has read and accepted the Terms without reservation. The applicable Terms are those in force on the day the order is validated. EIKEN SHOP may amend the Terms at any time; amendments do not apply to orders that have already been validated.

SECTION 3 – DEFINITIONS

• Customer: any natural person acting for non-professional purposes who places an order on the Site.
• Products: items offered for sale on the Site (new), described on their product pages.
• Order: a purchase made by the Customer on the Site, confirmed by e-mail.
• Delivery: the physical handover of the Products to the address indicated by the Customer.
• Business day: Monday to Friday, excluding public holidays in France.
• Returns: the procedure allowing the Customer to send a Product back in accordance with the conditions set out below.

SECTION 4 – COMMON PROVISIONS

ARTICLE 1 – Order process

The Customer places an order on the Site by selecting the Products, validating the shopping cart, entering the delivery details, choosing a payment method and accepting these Terms.

After the payment has been validated, the Customer receives an e-mail confirming that the Order has been registered. This e-mail constitutes an acknowledgement of receipt. The information provided by the Customer and recorded by EIKEN SHOP shall serve as proof between the parties.

EIKEN SHOP reserves the right to refuse or cancel an Order in the event of a prior dispute, failure to pay, suspicion of fraud, or manifestly incorrect information (incomplete address, etc.).

ARTICLE 2 – Prices & promotions

Prices are stated in euros (€), inclusive of all taxes, excluding delivery charges. Delivery charges are displayed before the Order is validated.

EIKEN SHOP may offer promotional codes. Unless otherwise stated, codes cannot be combined with one another and do not apply retroactively to an Order that has already been validated.

In the event of a manifest pricing error (a derisory price, a display bug), EIKEN SHOP reserves the right to cancel the Order and to inform the Customer accordingly. The Customer will be refunded in full for any sums already paid.

ARTICLE 3 – Payment

Payment is due immediately upon the Order. Accepted means of payment: bank card (Shopify Payments), PayPal, Mollie, Alma.

Payment in instalments via Alma: the Customer accepts, where applicable, Alma’s conditions and any decision to accept or refuse financing. Only purchases between 50 € and 2 000 € are eligible, with indicative fees (3x: 1.65%; 4x: 2.4%).

EIKEN SHOP reserves the right to carry out any relevant verification in the event of suspected fraud (e.g. address consistency).

ARTICLE 4 – Product availability

The Products are offered subject to available stock. In the event of unavailability after an Order, EIKEN SHOP will inform the Customer as soon as possible and will offer either a refund or (where relevant) an alternative solution.

ARTICLE 5 – Delivery

Exact delivery areas (depending on the product ranges and distribution agreements):

• Vintage bags & leather bags: worldwide
• Partner brand products (resale): France + European Union + Switzerland + United Kingdom

Dispatch and delivery times are stated on the Site (or in the confirmation e-mail) for indicative purposes. In accordance with the applicable law, in the absence of any specific indication, delivery takes place within a maximum period of 30 days.

Customs duties and import taxes: for destinations outside the European Union, customs duties, taxes or import charges may apply and are in principle borne by the Customer. However, where they are indicated as included at the time of payment (for example for DDP destinations such as the United States, and the United Kingdom below the applicable customs threshold), no additional import charge is due on delivery. The customs and tax treatment displayed at payment and confirmed with the Order is the one that applies.

The Customer is responsible for the accuracy of the delivery details. In the event of an address error, the parcel may be returned or lost, without EIKEN SHOP incurring any liability.

In the event of absence at the time of delivery, the carrier applies its own procedure (delivery notice, availability at a pick-up point, second presentation, etc.). The Customer is required to collect the parcel within the carrier’s time limits.

Uncollected / refused parcel: if a parcel is refused, or made available and not collected, a flat-rate sum of 15 € may be deducted from the refund (return and processing charges).

ARTICLE 6 – Receipt, reservations & apparent non-conformity

It is the Customer’s responsibility to check the condition of the parcel and of the Products upon delivery. In the event of an apparent anomaly (damaged or opened parcel, missing product, manifest error), the Customer is invited to make reservations with the carrier and to contact EIKEN SHOP as soon as possible via info@eikenshop.com.

This provision does not have the effect of depriving the Customer of their rights under the legal warranties.

ARTICLE 7 – Legal warranties

The Customer benefits from the legal warranties in force, in particular:

• Legal warranty of conformity (French Consumer Code, Articles L.217-3 et seq.).
• Warranty against hidden defects (French Civil Code, Articles 1641 et seq.).

In the event of a Product that is non-conforming, damaged on arrival or where the wrong reference has been dispatched, EIKEN SHOP will bear the return charges and will proceed with a replacement or a refund depending on the situation.

ARTICLE 8 – Liability

EIKEN SHOP cannot be held liable for indirect damages (loss of business, loss of opportunity, etc.). EIKEN SHOP’s liability cannot be engaged in the event of improper use of the Products.

The visuals, photographs and descriptions are presented with the greatest possible accuracy, but have no absolute contractual value (in particular variations in appearance depending on the screen).

ARTICLE 9 – Force majeure

EIKEN SHOP cannot be held liable if the performance of its obligations is delayed or prevented by an event of force majeure within the meaning of Article 1218 of the French Civil Code (unforeseeable, irresistible and external events).

ARTICLE 10 – Intellectual property

All the content on the Site (texts, visuals, trademarks, logos) is protected. Any total or partial reproduction without authorisation is prohibited.

ARTICLE 11 – Personal data

The personal data collected is necessary for processing orders, for delivery, for customer service and for invoicing. It is processed in accordance with the applicable regulations (GDPR).

The Customer has a right of access, rectification, objection, erasure and portability, which they may exercise by writing to: info@eikenshop.com.

In accordance with Article L.223-2 of the French Consumer Code, the Customer may register free of charge on the opposition list for telephone canvassing (Bloctel): www.bloctel.gouv.fr.

SECTION 5 – SPECIFIC PROVISIONS FOR CONSUMER CUSTOMERS

ARTICLE 12 – Right of withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a legal period of 14 days from receipt of the Products in which to exercise their right of withdrawal, without having to give any reason.

Commercial extension: EIKEN SHOP extends this period to 30 days from delivery, subject to the return conditions set out below. During the Christmas period, a specific extension may be announced on the Site.

To exercise their right of withdrawal, the Customer must inform EIKEN SHOP of their decision by e-mail to info@eikenshop.com (an unambiguous statement).

A model withdrawal form (Annex 1) can be provided upon simple request.

ARTICLE 13 – Returns

Prior contact: before making any return, the Customer is invited to contact EIKEN SHOP by e-mail to info@eikenshop.com. EIKEN SHOP will provide the return instructions.

Unannounced returns may be accepted if they meet the conditions set out below, but may result in additional processing time of up to 1 to 2 weeks.

Return form: EIKEN SHOP does not provide a standard printable form; the instructions are sent by e-mail.

Eligibility conditions: to be accepted, the Product must be:

• unused, in « new » condition and clean,
• returned with the product label present and attached,
• returned with any accessories,
• in its original packaging where applicable (the outer shipping packaging may be replaced, provided that the Product arrives protected and intact).

Proof of purchase: the Customer must enclose with the parcel a printed invoice, or failing that a note clearly indicating the order number in order to facilitate identification and speed up processing.

Return address: the exact return address is provided by the customer service team (it may differ depending on the Products).

Return charges: except in the event of an error by EIKEN SHOP (defective product on arrival / wrong item dispatched), the return charges are borne by the Customer. In the event of an error attributable to EIKEN SHOP, the return is covered.

International returns (outside the EU): the Customer is responsible for the customs formalities. If any charges, duties or taxes are claimed upon receipt of the return, those amounts may be deducted from the refund.

Return shipping liability: the return is made under the Customer’s responsibility. It is recommended to use a tracked and/or insured shipment. In the event of loss or damage during the return shipping, no refund can be guaranteed.

ARTICLE 14 – Exchanges

EIKEN SHOP allows exchanges within the same time limits and conditions as returns. The exchange principle works by issuing a store credit / voucher so as to allow the Customer to choose another model (a different product is permitted).

In the event of a price difference:

• if the new Product is more expensive: the Customer pays the difference,
• if the new Product is less expensive: EIKEN SHOP refunds the difference.

The rules and conditions applicable to the second shipment (charges, time limits, carriers) are identical to those of the first.

ARTICLE 15 – Refunds

After receiving and inspecting the return, EIKEN SHOP notifies the Customer by e-mail of the acceptance or refusal. The Customer must send the tracking number of the return parcel to info@eikenshop.com in order to facilitate tracking.

Processing time: refunds are generally processed within 3 to 5 business days after the return has been received and inspected. Depending on the banks, it may take additional time for the amount to appear on the account.

Refunded amount: EIKEN SHOP refunds the payments received, including the standard delivery charges, with the exception of any additional charges if the Customer chose a more expensive delivery method than the standard delivery.

Express / priority delivery: charges relating to an express or priority option are not refunded.

Refused return: if the return is refused (used or damaged Product, missing label, etc.), the Product may be sent back to the Customer at their expense or kept temporarily pending instructions.

Uncollected / refused parcel: a flat-rate sum of 15 € may be deducted from the refund.

ARTICLE 16 – Personalised products & exclusions

In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to Products made to the Customer’s specifications or clearly personalised (e.g. embossed / personalised products).

ARTICLE 17 – Disputes, mediation & online dispute resolution (ODR)

In the event of a difficulty, the Customer is invited to contact EIKEN SHOP as a priority in order to seek an amicable solution: info@eikenshop.com.

Consumer mediation: in accordance with the provisions of the French Consumer Code relating to the amicable settlement of disputes, the consumer Customer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute with EIKEN SHOP, after a prior written approach to the customer service department.

In this respect, the company SARL WILD BLOOM & CO (EIKEN SHOP) is a member of the following mediation service:

Centre de Médiation de la Consommation de Conciliateurs de Justice (CM2C)
49 rue de Ponthieu – 75008 Paris – France
Telephone: 01 89 47 00 14
Email: litiges@cm2c.net
Website: https://www.cm2c.net/declarer-un-litige.php

ARTICLE 18 – Governing law & competent jurisdiction

These Terms are governed by French law. In the event of a dispute that is not resolved amicably, the Customer may bring the matter before the competent court in accordance with the applicable rules.

ANNEX 1 – Model withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of: SARL WILD BLOOM & CO – Résidence L’Adonis – Bât. A, 378 Route de la Balme, 73150 Val d’Isère – France
E-mail: info@eikenshop.com

I hereby notify you of my withdrawal from the contract for the sale of the item below:
Product: ___________________________
Ordered on: ____ / ____ / ________    Received on: ____ / ____ / ________
Order number: ___________________________

Customer’s name: ___________________________
Customer’s address: ___________________________

Date: ____ / ____ / ________
Signature (if sent by post): ___________________________

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