GENERAL TERMS OF SALE
INTRODUCTION
These terms are hereby agreed between:
The ETHIC CREATION company
“Société à responsabilité limitée” (limited liability company) with capital of €40,000
With registered offices at Kerhudal – 44350 Saint Molf, France
Registered with the RCS (trade and corporate register) of Saint Nazaire under number 512 879 289.
CNIL registration number : 1474514.
Hereafter known as ETHIC CREATION
AND Persons wishing to purchase items via the Nohèm website http://www.nohem.com.
Hereafter known as the CUSTOMER
These General Terms of Sale apply only to purchasers defined as consumers under French law. In this respect, ETHIC CREATION undertakes to comply with all the provisions of the French Consumer Code relating to distance sales.
The parties agree that their contractual relations shall be governed solely by these General Terms of Sale, available on the day of purchase.
If a condition is found to be lacking, the parties’ contractual relations will be considered to be governed by the practices applicable at the time in the distance selling sector.
ARTICLE 1 - PURPOSE
These Terms are intended to define the terms of sale between ETHIC CREATION and the CUSTOMER.
These Terms apply solely to non-trading individuals defined as consumers under French law.
ARTICLE 2 - ORDERING
The CUSTOMER places his/her order using the online catalog.
The order can only be registered on the website if the CUSTOMER is clearly identified by entering his/her customer number and password, which are strictly personal.
Any CUSTOMER using the website without a customer number must complete the registration procedure in order to obtain his/her customer number. This number is personal. Should the CUSTOMER lose or forget his/her number, the CUSTOMER must report this immediately to ETHIC CREATION’s customer services by completing the contact form on the website or by calling +33 (0)2 40 42 09 05 (cost of a local call from within France).
Any order placed implies acceptance of the prices and descriptions of products available for sale. Any dispute on this point will be resolved by exchange if deemed fitting and the guarantees stated below.
The CUSTOMER has the option of modifying his/her purchase before final confirmation. This last step formalizes the sales contract between ETHIC CREATION and the CUSTOMER. ETHIC CREATION undertakes to deliver orders placed via the website only within the limits of product stock availability. If a particular product is not available, ETHIC CREATION undertakes to inform the CUSTOMER of this.
In certain cases, in particular non-payment, incorrect address, or another issue related to the CUSTOMER, ETHIC CREATION reserves the right to suspend processing of the CUSTOMER’s order until the problem is resolved.
ARTICLE 3 - DELIVERY
Goods can be delivered to France, French overseas departments and territories, Monaco, and Europe. For delivery to Europe, the CUSTOMER should refer to the delivery details in the Services section of the website for further information on delivery terms and costs.
Orders are delivered via the “Colissimo 48H” or “CHRONOPOST” services provided by the French post office.
The delivery period starts from the time the CUSTOMER’s parcel is received by the French post office. (Goods should arrive two to four days after the order is placed).
Examples:
An order placed Monday before 12:00 p.m. (noon) will be delivered between Tuesday and Thursday.
An order placed Monday after 12:00 p.m. (noon) will be delivered between Wednesday and Friday.
An order placed Saturday or Sunday will be delivered between Tuesday and Thursday.
ETHIC CREATION takes all responsibility for the costs and risks of delivery.
ARTICLE 4 - PAYMENT TERMS
The CUSTOMER can choose to pay for purchases:
Online using a debit or credit card.
The CUSTOMER may pay by carte bleue, e-cartebleue, Visa, or Mastercard.
The CUSTOMER’s account will only be debited when the in-stock items are dispatched. If products are out of stock or unavailable, the account will only be debited for the amount relating to items actually dispatched.
ARTICLE 5 - CURRENT PRICES
Prices are indicated in euros inclusive of tax.
These prices exclude handling, postage, and packaging fees, calculated based on current prices.
They include VAT applicable on the day of ordering. Any change in applicable rates may be reflected in the prices of products. However, prices cannot be altered once the CUSTOMER’s order is confirmed.
Likewise, if one or more taxes or charges, in particular environmental, are introduced or changed, this may be reflected in the sales price of the articles listed on the ETHIC CREATION website and in its sales documents.
The prices indicated on the website are guaranteed for the period they are online and subject to stock availability.
The CUSTOMER is also required to pay a fixed charge towards the order processing and handling, the amount of which will be specified on the order summary before confirmation.
ARTICLE 6 - CANCELLATION - RETURNS – EXCHANGES
Pursuant to the provisions of article L. 121-20 of the French Consumer Code, the CUSTOMER has a period of seven days from delivery of his or her order in which to return the item for exchange or refund (as decided by the CUSTOMER) of the full amount, without penalty, excluding the cost of return postage.
All items can be returned for exchange or refund except when the original packaging has been removed, damaged, is not in its original condition, etc.
The CUSTOMER must request an exchange within 15 days of the date of receipt or collection of the dispatched items. If the new order is for a higher amount, the CUSTOMER must enclose payment for the difference when returning an item for exchange. Inversely, if the new order is for a lower amount, the CUSTOMER will be sent a check or credit note for the difference, on receipt of the new order. Refunds can also be transferred by wire to the CUSTOMER’s bank account as long as this preference is expressly specified when the new order is placed and if the CUSTOMER communicated his/her bank details in advance.
ARTICLE 7 - GUARANTEES
All items are subject to a legal guarantee of conformity (L. 211-4 paragraph 1 of the French Consumer Code) and a guarantee against latent defects (articles 1641 and following of the French Civil Code), allowing the CUSTOMER to return faulty articles.
Unless the CUSTOMER invokes the legal guarantee, any transaction taking place between ETHIC CREATION and the CUSTOMER that is not disputed within a period of six months cannot give rise to a complaint.
Article L. 211-4 of the French Consumer Code (translation – French original applies in case of dispute):
“The seller is required to deliver goods that comply with the contract and is liable for nonconformity existing on delivery.
The seller is also liable for nonconformity resulting from packaging, or instructions for assembly or installation, when this was the seller’s responsibility under the terms of the contract or was carried out under its responsibility.”
Article L. 211-5 of the French Consumer Code (translation – French original applies in case of dispute):
“To comply with the contract, the item must:
1° Be suited to the use usually expected from such an item and, if applicable:
correspond to the description provided by the seller and have the characteristics that the seller presented to the purchaser in the form of a sample or model;
have the characteristics a purchaser can legitimately expect of it with regard to public statements made by the seller, the producer, or its representative, in particular through advertising or labeling;
2° Or, have had its characteristics defined by a joint agreement between the parties or be specific to any special use sought by the purchaser, which was brought to the attention of the seller and accepted by the latter."
Article L. 211-12 of the French Consumer Code:
“Legal action taken as a result of any nonconformity must be brought within two years of the delivery of the item.”
Article 1641 of the French Civil Code:
“The seller is required to guarantee the item sold against latent defects that render it unsuitable for its intended use, or which diminish this use to such an extent that the buyer would not have purchased the item, or would have only purchased it at a lower price if he/she had known of the latent defects.”
Article 1648 paragraph 1 of the French Civil Code:
“Legal action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.”
ARTICLE 8 - SIGNATURE AND PROOF
In any event, the online provision of the bank card number and the final confirmation of the order constitute proof of the completeness of the order in accordance with the provisions of articles 1316 to 1316-3 of the French Civil Code, and represent liability for the sums engaged by the items listed on the order summary.
This confirmation has the same legal force as a signature and implies express acceptance of any transactions carried out on the website. However, in the case of the fraudulent use of his/her bank card, the CUSTOMER is invited, as soon as he/she becomes aware of this use, to contact ETHIC CREATION’s customer services by calling +33 (0)2 40 42 09 06 (cost of a local call from within France) or writing to the following email address: info@ethic-creation.com.
8.1 - RESPONSIBILITY
For every stage in the order process and for every stage following the conclusion of the contract, the company ETHIC CREATION has an obligation to achieve a specific result.
ETHIC CREATION thus undertakes to describe with the greatest accuracy the products sold on its website. However, ETHIC CREATION cannot be held liable if its obligations are not fulfilled, either due to the unforeseeable and insurmountable intervention of a third party in the contract, or in a case of force majeur as defined by French jurisprudence. Likewise, ETHIC CREATION cannot be held liable for any inconvenience or damage caused through the use of the Internet network, in particular interruption of service, external intrusion, or the presence of computer viruses.
8.2 - PERSONAL DATA
ETHIC CREATION reserves the right to collect data concerning the CUSTOMER, in particular through the use of cookies. Data gathering by ETHIC CREATION, which is responsible for order processing, is necessary to fulfill the CUSTOMER’s requirements.
By supplying his/her email address to ETHIC CREATION, the CUSTOMER is able to receive the order confirmation. Based on choices made during the creation or review of his/her account, the CUSTOMER may receive offers from ETHIC CREATION by email, as will be indicated at the time the account is created.
It is the responsibility of ETHIC CREATION to ensure that personal data it holds is correct and up to date. This is why, in accordance with article 32 of law n° 78-17 of January 6, 1978 relative to data processing, files, and freedoms, modified by law n°2004-801 of August 6, 2004 relating to individual protection with regard to personal data processing, the CUSTOMER has the right to view, amend, or delete information relating to him or her, and can exercise this right at any time with ETHIC CREATION:
either directly via the “My Customer Page/Change my personal details” section of the website: check the box “I no longer wish to receive information on offers"
or in writing by checking the box on the order form or writing directly to ETHIC CREATION - Service Relation Clientèle – Route de la Croix Moriau, 44350 GUERANDE, France, giving your full name, email address, and if possible your customer number.
The CUSTOMER is informed that the automatic processing of information, including email addresses, has been the subject of a declaration to the CNIL (Commission Nationale de l’Informatique et des Libertés) under number […..] dated […..].
ETHIC CREATION does everything possible to ensure the confidentiality and security of data transmitted via the Internet. To this end, the website uses a secure payment method of the “3D Secure” type.
For training and quality purposes, telephone calls with our customer services team may occasionally be recorded.
ARTICLE 9 - INTELLECTUAL PROPERTY
All elements of the ETHIC CREATION website, both visual and audio, and including the underlying technology, are protected by copyright, brand names, or patents.
Therefore, no document from the ETHIC CREATION website can be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way whatsoever, except under the following conditions: a copy of documents may be downloaded onto a computer for personal use and solely for non-commercial purposes, provided that the information is not modified and that copyrights and other statements of ownership are preserved intact. Any alteration of these documents or their use for any other purpose constitutes an infringement of the intellectual property rights of ETHIC CREATION.
A CUSTOMER with his/her own personal website who wishes to place on the website a link to the home page of the ETHIC CREATION website, for personal use only, must request authorization from ETHIC CREATION. This will under no circumstances constitute an implicit affiliation agreement.
However, any hypertext link to the ETHIC CREATION website using framing or inline linking technology is strictly prohibited.
In any event, any link must be removed at the request of ETHIC CREATION.
Brands, logos, and models featured on this website are the exclusive property of ETHIC CREATION. Their disclosure can in no case be interpreted as the granting of a license or the right to use any of the aforementioned brands or distinctive elements protected by copyright. They cannot therefore be used, under penalty of being prosecution for counterfeiting.
ARTICLE 10 - ENTIRE UNDERSTANDING
If one of the clauses of this contract is declared null and void due to a change in legislation, regulations, or due to a court ruling, this will not in any way affect the validity or the respect of these General Terms of Sale.
In addition, these General Terms of Sale may be amended to reflect changes in French law.
ARTICLE 11 - DURATION
These Terms are applicable for as long as the services offered by ETHIC CREATION are stated on the website.
ARTICLE 12 - PROOF – HOLDING AND ARCHIVING OF TRANSACTION DATA
The computerized databases, stored in the computing systems of ETHIC CREATION and its partners under reasonable security conditions, will be regarded as proof of communications, orders, and payments that take place between the parties.
Order summaries and invoices are archived using a reliable and durable medium so as to serve as a faithful and durable copy, in accordance with article 1348 of the French civil code.
ARTICLE 13 - APPLICABLE LAW AND JURISDICTION
These Terms are subject to French law. The court of competent jurisdiction in the event of litigation will be that of the place of residence of the defendant or, if requested by the applicant, of the place of effective delivery of the product.
This website complies with French legislation. In no case does ETHIC CREATION guarantee compliance with the CUSTOMER’s local legislation if the latter accesses the website from a different country or countries.
General Terms of Sale, updated 22/11/2010