TERMS OF SALES
Article 1 – Fields of application
These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers ( “ The Customers ” or “ the Customer ” ), wishing to acquire the products offered for sale (“ The Products ” ) by the Seller on the etikaboutique.com website.
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 etikaboutique.com website, which the customer is required to read before ordering.
Each product is presented on the website in the form of a description listing its main technical characteristics. The photographs are as faithful as possible but do not commit the Seller in any way. The photos and descriptions (technical characteristics, composition, use, etc.) come from the supplier brands.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are within the limits of available stocks, as specified when placing the order.
These General Terms and Conditions are accessible at any time on the etikaboutique.com website and will take precedence over any other document.
By placing an order, the Customer undertakes to have read these General Terms and Conditions .
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
ETIKA,
Share capital of 1000 euros
Registered with the RCS of BASSE TERRE, under number 949434245
15 rue du Général de Gaulle, 97150 Saint Martin
Email: etikaboutique@gmail.com
The Products presented on the etikaboutique.com site are offered for sale for the following territories: Guadeloupe, Martinique, Saint Martin, Saint Barthélémy and Sint Maarten .
For the territories of Saint Martin and Sint Maarten, the TGCA is included in the price.
Customs duties or other local taxes or import duties or state taxes may be payable for certain territories, such as Guadeloupe and Martinique . They will be the responsibility and are the sole responsibility of the Customer.
ARTICLE 2 - PRICE
The Products are supplied at the current prices appearing on the etikaboutique.com website, when the order is registered by the Seller.
Prices are expressed in Euros, excluding tax and including tax.
The prices take into account any reductions that may be granted by the Seller on the etikaboutique.com site.
These prices are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the site and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 - ORDERS
It is up to the Customer to select the Products he wishes to order on the etikaboutique.com website, according to the following terms:
The Customer chooses a Product which he places in his basket, a Product which he can delete or modify before validating his order and accepting these general conditions of sale. he will then enter his contact details and choose the delivery method. After validation of the information, full payment of the order will be required. Once payment has been validated, the order will be considered final.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the etikaboutique.com site 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 4 - PAYMENT TERMS
The price is paid by secure payment method, according to the following terms:
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the etikaboutique.com site.
Payments made by the Customer will only be considered final after actual collection by the seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
ARTICLE 5 – DELIVERIES AND CLICK AND COLLECT
Deliveries:
The Products ordered by the Customer will be delivered to specific geographic areas:
Martinique, Guadeloupe, Saint Barthélémy, Saint Martin and Sint Maarten.
Deliveries are ensured by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
Orders are made by La Poste via COLISSIMO, delivery service with tracking, delivery without signature. Delivery times are given for information purposes only . The ETIKA company may provide the Customer with the tracking number of their package by e-mail. The Customer is delivered to his home by his postman. In the event of the Customer's absence , he will receive a notice from his postman, which allows him to collect the products ordered from the nearest post office, during a period indicated by the postal services. The risks linked to transport are the responsibility of the customer from the moment the items leave the premises of the ETIKA company . The Customer is required to check, in the presence of the Post Office employee or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery. After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer as quickly as possible.
If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be canceled at the Customer's written request within conditions provided for 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 at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
The Seller will reimburse or replace as soon as possible and at its 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. Consumer Code and those provided for in these General Terms and Conditions.
Click & Collect:
The Customer can choose a Click and Collect service, which allows him to collect the Products ordered from certain addresses. The address from which the Customer wishes to collect the Products will be selected by the Customer at the time of ordering.
The Customer will receive an email indicating the possible dates and times of collection from the selected Click and Collect address.
The Customer cannot under any circumstances go to the Click and Collect addresses to collect the Products outside the dates and times which will be communicated to them by email.
Delivery of the Products will only be made to the address selected at the time of the order and upon presentation of the confirmation email.
ARTICLE 6 TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
Given the nature of the Products sold, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded upon placing the order by the Customer according to the terms specified in these General Terms and Conditions.
ARTICLE 8 - RESPONSIBILITY OF THE SELLER - GUARANTEES
The Products supplied by the Seller benefit from:
- the legal guarantee of conformity, for defective, damaged or damaged Products or those that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“ The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility 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 similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling
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 two years from the delivery of the goods. »
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 reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. »
Article 1648 paragraph 1 of the Civil Code
“ The action resulting from redhibitory 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 from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, 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 buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »
In order to assert his rights, the Customer must inform the Seller, in writing (email), of the non-conformity of the Products or of the existence of hidden defects as soon as they are discovered.
The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate .
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's observation of the lack of conformity or hidden defect. This reimbursement can be made by transfer .
The Seller cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
- 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 guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
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. These personal data are collected solely for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the etikaboutique.com site are as follows:
Ordering Products:
When ordering Products by the Customer:
Names, first names, postal address, telephone number and e-mail address.
Payment :
As part of the payment for the Products offered on the etikaboutique.com site, 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 used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sale and delivery of the Products.
The category(ies) of co-contractor(s) is(are):
- Transport providers
- Payment institution providers
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 expresses his express agreement, his 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 for applicable contractual civil liability.
9.6 Security and confidentiality
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 Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the etikaboutique.com site have the following rights:
- They can update or delete data that concerns them in the following ways:
By contacting us by email or via the contact form.
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They can exercise their right of access to know the personal data concerning them by writing to etikaboutique@gmail.com
- If the personal data held by the Seller is inaccurate, they may request
updating information by writing to etikaboutique@gmail.com
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They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to etikaboutique@gmail.com
- Finally, they can object to the processing of their data by the Seller.
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by e -mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer's request, the latter must provide reasons.
The Customer is informed that in the event of refusal, he can lodge 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 under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the etikaboutique.com site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
The photos and descriptions of the Products come from the suppliers and their merchant sites.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These General Terms and Conditions and the operations resulting from them are governed 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 will be authentic in the event of a dispute.
ARTICLE 12 - DISPUTES
For any complaints, please contact customer service by email etikaboutique@gmail.com
The Customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The Customer is also 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 relating to purchase and sale transactions concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.
