Between the Company ETOUMAI SAS,
75 rue de Lourmel, 75 015 Paris,
With a share capital of 9.000€,
Registered with the Trade and Companies Register of PARIS,
Under SIRET number 88908621100014,
Represented by Mr. Harouna OUATTARA
Duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter referred to as the "Seller" or the "Company".
On the one hand,
And the individual or legal entity purchasing products or services from the company,
Hereinafter referred to as the "Buyer" or "Customer".
On the other hand,
It was outlined and agreed as follows:
The Seller is a publisher of Products and Services of ETOUMAI SAS for consumers, marketed through its websites (http://www.etoumai.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: Purpose These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2: General provisions These General Terms and Conditions of Sale (GTS) govern the sales of Products or Services, made through the Company's websites, and are an integral part of the contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.
The Seller reserves the right to modify the present 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 the first payment in case of multiple payments) of the order. These GCS can be consulted on the Company's website at the following address: www.etoumai.com.
The Company also ensures that their acceptance is clear and without reservation by setting up a checkbox and a validation click. The Client declares that he has read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that it has received the necessary advice and information to ensure that the offer is appropriate to its needs.
The Customer declares that he is legally able to contract under French law or validly represent the natural or legal person for which he is committing himself.
In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices The prices of the products sold through the www.etoumai.com website are indicated in Euros, all taxes included, and precisely determined on the Product description pages. They are also indicated in Euros, all taxes included (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all Products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated net of 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 shall be borne by the Buyer and are its responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the purchaser to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Company's websites are to be borne by the Customer. Where applicable, delivery costs are also payable by the Client.
Article 2.1: Price - example of illegal clause The Company reserves the right to change the prices at any time of the products purchased by the consumer, in particular for subscriptions - these will be freely determined by the Seller thereafter, as the services evolve.
Article 4: Conclusion of the online contract In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to complete his order :
v Information on the essential characteristics of the Product ;
v Choice of the Product, if any, of its options ;
v Indication of the essential coordinates of the Customer (identification, email, address...);
v Acceptance of the present General Terms and Conditions of Sale ;
v Verification of the elements of the order (formality of the double click) and, if necessary, correction of errors. Before proceeding to its confirmation, the Purchaser has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order. The confirmation of the order will lead to the formation of the present contract;
v Then, follow the instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a copy in PDF format of these General Terms and Conditions of Sale.
During the ordering process, the customer will have the possibility to identify possible errors in the data entry and to correct them. The language proposed for the conclusion of the contract is the French language.
The terms and conditions of the offer and the general terms and conditions of sale are sent back to the buyer by email at the time of the order and archived on the Seller's website. Where applicable, the professional and commercial rules to which the author of the offer intends to subject himself are available in the "annexed rules" section of these GTC, which can be consulted on the Seller's website at the following address: www.etoumai.com.
The archiving of communications, the order, the order details, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy, in accordance with the provisions of article 1360 of the civil code. This information may be produced as proof of the contract.
For the products delivered, the delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide true identification elements. 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 5: 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, as well as, where applicable, the way in which the product is used. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labelling, display or any other appropriate process, of the prices and special conditions of sale and performance of services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The sale price of the product is the current price indicated on the day of the order, this price does not include shipping costs charged in addition. These possible costs are indicated to the Buyer during the sales process, and in any case, at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not performed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received a detail of the delivery charges as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities in the context of this sale. The Seller undertakes to fulfill the Customer's order within the limit of available Product stocks only. Failing this, the Seller shall inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall reimburse the Customer.
Contractual information is presented in detail and in French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts 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 granted solely to the natural person signing the order (or the person holding the email address provided).
Article 6: Compliance
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these GCS comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller shall remain liable for defects of conformity and latent defects of the product.
In accordance with article L.217-4, the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was charged to it by the contract or was carried out under its responsibility.
In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), the Seller shall reimburse or exchange products that are defective or do not correspond to the order. Reimbursement may be requested in the following manner: by e-mail to the customer service department or directly to the Company's supplier.
Article 7: Retention of title clause The products remain the property of the Company until full payment of the price.
Article 8: Terms of delivery The products are delivered to the delivery address that was indicated at the time of the order and within the time limits indicated. These deadlines do not take into account the time required to prepare the order. When the delivery requires an appointment with the Customer, the request must be made by e-mail. When the Customer orders several products at the same time, these may have different delivery times, which are routed according to the following terms each product delivered separately or together. In the event of a delay in shipment, contact the Company's customer service or supplier. In the event of late delivery, the Client has the possibility of cancelling the contract under the terms and conditions defined in Article L 216-2 of the French Consumer Code. The Seller shall then proceed to refund the product and the "outward" expenses under the conditions of the provisions of Articles L216-3 and L241-4 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller reminds the Customer that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
Article 9: Availability and presentation In the event of unavailability of an article for a period exceeding 15 working days, you will be immediately informed of the foreseeable delivery times and the order of this article may be cancelled upon request. The Customer will then be able to ask for a credit note for the amount of the article or its full refund and the cancellation of the order.
Article 10: Payment Payment is due immediately upon ordering, including for pre-ordered 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). The secure online payment by credit card is made by our payment service provider. The information transmitted is encrypted according to the rules of art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating its banking information at the time of the sale, the Customer authorizes the Seller to debit its 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 debit the card, the Sale shall be immediately cancelled by operation of law and the order shall be cancelled.
Article 11: Withdrawal period In accordance with the provisions of Article L 221-5 of the Consumer Code, the Purchaser has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of retraction may be exercised by contacting the Company in the following manner: call customer service or send an e-mail to customer service. We inform Customers that, in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for food and cosmetics. In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, with the return shipping costs remaining at the Customer's expense. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard form of retraction to be sent to us at the following address: 75 rue de Lourmel, 75015 Paris. Refund procedure: send an email of complaint to the customer service by identifying yourself and the order with its number and tracking number if any.
Article 12: Guarantees In accordance with the law, the Seller assumes the guarantees of conformity and relating to hidden defects of the products. The Vendor reimburses the purchaser or exchanges products that are apparently defective, or do not correspond to the order made. The request for reimbursement must be made in the following manner:
v Send an email to customer service or call them.
The Seller reminds that the consumer :
v Has 2 years from the delivery of the property to act with the Seller.
v That he can choose between replacement and repair of the good subject to the conditions provided for in the above-mentioned provisions that are apparently defective or do not correspond
v That he is exempted from having to prove the existence of the lack of conformity of the goods during the six months following the delivery of the goods.
v That, except for second-hand goods, this period will be extended to 24 months from March 18, 2016 - that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between cancellation of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).
Article 13: Complaints and mediation If necessary, the Buyer may submit any complaint by contacting the company using the following contact details firstname.lastname@example.org.
In accordance with the provisions of Art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions set out in Title I of Book VI of the Consumer Code.
In the event of failure to make a claim to the Seller's customer service department, or in the absence of a response within two months, the consumer may submit the dispute to a mediator XXX who will independently attempt to bring the parties together with a view to obtaining an amicable solution.
Article 14: Termination of the contract
The order may be cancelled by the purchaser by registered letter with acknowledgement of receipt in the following cases:
v Delivery of a product that does not conform to the characteristics of the order;
v Delivery beyond the deadline set at the time of the order or, if no date is set, within thirty days of payment ;
v Unjustified price increase or product modification. In these cases, the purchaser may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual property rights The 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 GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: 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 execution. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and modification of the contract If one of the stipulations of the present contract were to be cancelled, this cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
Article 18: Protection of personal data In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller shall implement a processing of personal data for the purpose of selling and delivering products and services defined in this contract. The Buyer is informed of the following:
v The identity and contact details of the data controller and, if applicable, the representative of the data controller: the Seller, as indicated at the top of these GTC ;
v The contact details of the data protection officer: ETOUMAI SAS
v The legal basis of the processing: contractual execution
v The recipients or categories of recipients of the personal data, if any: the controller, its marketing departments, the departments in charge of IT security, the department in charge of sales, delivery and orders, the subcontractors involved in delivery and sales operations and any authority legally authorized to access the personal data in question
v No transfers outside the EU are planned
v Data retention time: the time of the commercial prescription
v The data subject shall have the right to request from the data controller access to personal data, rectification or erasure of such data, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to portability of the data.
v The data subject has the right to lodge a complaint with a supervisory authority.
v The information requested at the time of the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decision or profiling is implemented through the ordering process.
Article 18: Applicable law and clauses All clauses in these general conditions of sale, as well as all purchase and sale operations referred to therein, shall be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.
Article 19: Consumer information
For consumer information purposes, the provisions of the civil code and the consumer code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Article 1648 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. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from the defects or apparent lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code: The goods are in conformity with the contract:
v If it is fit for the use ordinarily expected of a similar property and, if so :
o If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
o If it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;
v Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable property, for a restoration covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.