General Terms and Conditions of Sale
Article 1 - Preamble and definitions
These general conditions of sale detailed below (hereinafter referred to as the "General Conditions"), apply to any consultation and / or orders made via:
- the website www.eclatenligne.com and its derived addresses, (hereinafter "the site"),
- eclatenligne.com main activity is the sale of jewelry on the website www.eclatenligne.com .
Article 2 - Purpose
The purpose of these conditions is to define the sales regime and the rights derived therefrom, in particular for:
- the organisation of legal relations between eclatenligne.com and the client;
- the terms of sale between eclatenligne.com and the customer (order, delivery, etc.).
Article 3 - Order procedure and method
To place his order, the customer has the following means:
- By Internet on the website www.eclatenligne.com accessible 24/7;
The data communicated by the customer and recorded by eclatenligne.com during registration and ordering constitute proof of transactions between eclatenligne.com and the customer. After validation of the order by the customer, eclatenligne.com will send him a confirmation email to notify him that the order has been registered.
It is specified that eclatenligne.com reserves the right to refuse, execute a delivery or honor an order in cases where the customer has not paid in whole or in part a previous order, or in cases where a payment dispute remains.
Article 4 - Price
The prices indicated on the eclatenligne.com website are expressed in Euros, all taxes included (TTC) excluding delivery costs. The delivery costs differ depending on the delivery address of the customer and the weight of the goods ordered. The delivery costs are specified in the basket and confirmed during the validation of the order; they are invoiced at the end of the order and are added to the price of the goods ordered.
eclatenligne.com reserves the right to change its prices at any time, however, the products will be invoiced on the basis of the rates in force at the time of registration of the orders subject to availability on that date.
Article 5 - Retention of title and risks
eclatenligne.com retains ownership of the goods sold until the actual payment of the full price in principal and accessories. Failure to pay one may result in the claim of the goods.
These provisions do not prevent the transfer to the customer, upon delivery, of the risks of loss and deterioration of the goods purchased as well as the damage they could cause.
Article 6 - Availability of products
The customer takes note and already accepts that eclatenligne.com will honor his order within the limits of his available stocks and those of his partners and suppliers.
eclatenligne.com will make every effort to process all orders.
As part of the flash sale, customers can only order the products offered for sale for the duration of the flash sale indicated in real time on the site, and within the limits of available stocks.
After the expiry of the end of the flash sale of a product and / or in case of unavailability of the product, it will no longer be offered for sale.
In case of unavailability of a product after confirmation of the order and after closing of the sale concerned, eclatenligne.com will inform the customer by e-mail or telephone of the partial delivery of his order or the cancellation thereof.
If necessary eclatenligne.com will offer the customer, the refund of the sums actually debited in the form of a voucher or by bank transfer or check.
Article 7 - Product information
eclatenligne.com strives to present all essential characteristics of the products put online, in particular through the technical descriptions of the partners and suppliers and photographs and / or videos of the products, within the limits of the technique and in compliance with the best standards on the market.
Article 8 - Secure payment
In case of payment by payment card, the customer's order will only be validated after debiting the account made on authorization of the competent payment centers.
In case of lack of authorization, the customer's order can not be taken into account.
Online payment by payment card is made via the "Secure Socket Layer" security system which allows the encryption of the customer's bank details during their transmission over the network.
In case of unpaid whatever the reason, an amicable lump sum compensation of 15 Euros will be required by eclatenligne.com in addition to the amount of the invoice, plus the debit fees charged by the banking institution of eclatenligne.com.
In the event that the amicable recovery has remained unsuccessful within a period of 10 days from the date of sending of the first letter of request for recovery, whether this letter is registered or simple letter. Recovery will be done by litigation.
The litigation costs that the collection firm would have to charge directly to the client are added to the amicable lump sum compensation.
Article 9 - Delivery
The delivery is made by the means of transport and carrier considered by eclatenligne.com as the most appropriate to the object ordered and delivered (carrier, post ..).
Delivery times are also indicated during the validation of the order, they are calculated in working days (Monday to Friday, excluding public holidays).
The customer must measure the access passages of his home in order to confirm to the carrier his accessibility to the ordered product.
In case of false information, or taken erroneous measures taken by the customer, additional costs related to the rental of elevators, storage, return of goods or additional delivery drivers will be exclusively borne by the customer.
In general, the impossibility for carriers to deliver on the agreed date and time, the products, in case of absence or delay of the customer, or lack of information on the need to resort to specific means of delivery, may give rise to the payment of additional delivery costs which will be invoiced by eclatenligne.com.
The customer is required to check the completeness, the veracity of the information he provides to eclatenligne.com when ordering and in particular the delivery address.
The customer is responsible for the information he has provided during registration and when ordering.
eclatenligne.com cannot be held responsible for any input errors that could cause delivery errors and / or non-compliance by the customer with the delivery terms and appointment that he himself will have fixed with the carrier.
All irresistible, unforeseeable facts or circumstances beyond the control of the parties, in particular in the event of a total or partial strike by carriers, and natural disasters such as floods or fires, are considered to be unforeseeable or exonerate in cases of force or force majeure exempt from liability.
The products can only be shipped on the French metropolitan territory and Monaco.
If the customer wishes to postpone the delivery date (only for serious reasons), he must notify eclatenligne.com by e-mail to the following address: email@example.com
In case of complaint concerning possible defects or mark of deterioration of the products (damage, missing product compared to the delivery note, damaged package, broken products, etc ...), the customer must record his observations on the delivery note and confirm them by email to the following address: firstname.lastname@example.org
Except in cases of hidden defects, no claim or reservation will be allowed, after receipt of the products by the customer, if he has not followed the procedure detailed above.
In case of exceeding the date of delivery of the good exceeding 7 working days, in the absence of force majeure, in accordance with articles L114-1 and L121-20-3 of the Consumer Code, the customer has the possibility to denounce the contract by registered letter with acknowledgment of receipt.
The contract is considered to have been terminated upon receipt by eclatenligne.com of the letter by which the customer informs him of his decision.
It is specified that only cancellations sent by RAR letter at the latest within 60 working days following the expiry of the deadline or the scheduled delivery date, and received before the delivery of the products concerned, will be taken into account by eclatenligne.com.
The sums paid on the order will then be returned to the customer.
It is recalled that the delivery time may be increased, between 10 and 14 weeks, in the event of the sale of a second stock of products, as part of a flash sale as provided for in Article 1 here.
In any case, the customer will be informed of the delivery time during the validation of his order.
Article 11 - Withdrawal
In accordance with Article L 121-20 of the Consumer Code, the customer has a withdrawal period of 14 clear days from the delivery of the product, allowing him to cancel his order and return the product at his expense, accompanied by his invoice and the return slip rigorously completed and signed.
The latter provisions do not apply to any order made by the customer for a custom-made product ordered online and/or manufactured according to the customer's specifications and/or personalized, or which, due to its nature, cannot be reshipped or is likely to deteriorate.
In the event of the return of goods referred to in paragraph 1 of this article, the customer shall be taken into account for the risks of transport.
Any withdrawal must be reported to customer service eclatenligne.com by email to the following address: email@example.com
These costs of sending the registered letter can be refunded on request.
eclatenligne.com will then contact the customer by email or phone to arrange the return of the products and a return number will then be assigned to the customer.
The return procedure must be respected by the customer.
No return will be accepted if the procedure for notification of return to eclatenligne.com has not been respected.
Only products in new condition, complete (accessories, cushions, instructions if applicable) in their original packaging will be accepted.
Any product that has been damaged by the customer, or whose original packaging has been damaged under conditions exceeding its mere opening, will not be refunded, or partially refunded.
The deadlines mentioned above run from the day of receipt of the order.
This legal right of withdrawal is exercised without penalty, with the exception of shipping costs.
The legal guarantee (Article 1641 of the Civil Code) does not apply to the compensation of damage resulting from a cause external to the product or the fact of the customer.
In case of refund, the customer is refunded by check, credit on his credit card or bank transfer. Refund terms are at the discretion of eclatenligne.com.
Returns remain at the expense, expense and risk of the customer.
This is why eclatenligne.com advises his client to take out specific insurance with the carrier of the market value of the products. It is necessary so that the customer can protect himself against any case of deterioration or spoliation or loss of the products by the carrier.
Article 12 - Guarantee
The products (excluding consumables) are guaranteed against possible lack of conformity and hidden defects under the conditions provided for by the Consumer Code and the Civil Code.
The customer must report defects and defects to eclatenligne.com as soon as they appear, by sending photographs.
The liability of eclatenligne.com is limited to the price of defective or non-compliant products, and in general, regardless of the cause or form of the action concerned; eclatenligne.com cannot be held liable for compensation for indirect damage or any other financial damage suffered by the customer or a third party.
The choice and purchase of a good by the customer is under his sole and only responsibility. Therefore, the total or partial impossibility of using the products in particular because of incompatibility of the equipment can not give rise to any compensation, refund or questioning of the responsibility of eclatenligne.com, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal envisaged provided for by the Consumer Code.
Article 13 - Data Protection Act
In accordance with the French law "Informatique et libertés" n °78-17 of January 6, 1978, the customer has a right of access and rectification to data concerning him and can exercise this right by sending an email to the following address: firstname.lastname@example.org
Depending on the customer's selection when creating or modifying his account, he is likely to receive offers from eclatenligne.com.
If he no longer wishes, he can, at any time, make the request to eclatenligne.com via his customer area or by writing to the above address.
eclatenligne.com informs its customers that this automated processing of information, in particular the management of users' email addresses, has been the subject of a declaration to the CNIL.
Article 14 - Settlement of disputes and severability of clauses
These General Terms and Conditions of Sale shall be executed and interpreted in accordance with French law.
The parties will seek, before any dispute, a possible amicable agreement Any dispute of any kind or dispute relating to the formation or execution of the order, even in the event of a warranty claim or multiple defendants, will be in the absence of an amicable agreement of the exclusive jurisdiction of the Courts in whose jurisdiction the registered office of eclatenligne.com is located.
The fact that any clause of the general conditions of sale becomes null, unenforceable, null and void, illegal or inapplicable due to a law, a regulation or following a final decision of a competent court, may not call into question the validity, legality, applicability of the other stipulations of these general conditions of sale and will not exempt the customer from the performance of his contractual obligations.
Article 15 - Cookies
You have a right to access, withdraw and modify personal data communicated through cookies(more information on the CNIL website.). Also, you can block cookies by activating the setting on your browser allowing you to refuse all or some of the cookies. However, if you choose to block all cookies (including essential cookies) you will no longer be able to access several essential features of eclatenligne.com