General Terms and Conditions of Sale
The purpose of this Agreement is to organize the terms and conditions of sale of its products by EMC.
Article 1 Definitions
The following terms and conditions used in these Terms and Conditions have the following meanings:
"SELLER" means EMC.
"CLIENT": refers to the SELLER's co-contractor. "DELIVERY": means the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated at the time of the order.
"PRODUCTS": refers to all the products available on the SITE.
"TERRITORY" means the EURO AREA.
"SITE": refers to the merchant website put online by EMC for the territory. The internet address of the SITE may be changed without notice.
ARTICLE 2 - Purpose
These General Terms and Conditions govern the sale of the PRODUCTS by the SELLER to its CUSTOMERS.
Article 3 - General provisions
The CLIENT undertakes to carefully read and accept these General Terms and Conditions before proceeding to the payment of an order for PRODUCTS placed on the WEBSITE. These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to carefully read, download, print the General Terms and Conditions and to keep a copy of them. The SELLER advises the CUSTOMER to read the General Terms and Conditions with each new order, the latest version of these Terms and Conditions applying to any new order of PRODUCTS. By clicking on the first button to place the order and then on the second button to confirm the said order, the CLIENT acknowledges having read, understood and accepted the General Terms and Conditions without limitation or condition. Any order for PRODUCTS from the SELLER implies the CLIENT's unreserved acceptance and full acceptance of these General Terms and Conditions of Sale, which take precedence over any other document of the CLIENT, and in particular over any General Terms and Conditions of Purchase. Consequently, the placing of an Order by the CLIENT entails the latter's unreserved acceptance of these General Terms and Conditions of Sale. Any document other than these General Terms and Conditions and in particular, catalogues, flyers, advertisements, mailings, etc. is only informative, indicative and non-contractual. The fact that the SELLER does not avail itself, at a given time, of any of these General Terms and Conditions, cannot be interpreted as a waiver of the right to avail itself of them at a later date.
Article 4. – Purchase of products on the website
To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if they are a minor, be able to prove the agreement of their legal representatives. The CLIENT will be asked to provide information that allows them to be identified by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of their order on the WEBSITE. DELIVERY tracking may, where applicable, be done using some carriers' online tracking tools. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail, in order to obtain information on the status of their order. The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his/her identity, eligibility and the information provided.
Article 5. –Commands
Article 5.1 Product characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Conditions).
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
Article 5.2. Ordering Procedure
Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps outlined below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).
5.2.1. PRODUCT Selection and Purchase Options
The CUSTOMER must select the PRODUCT(s) of his/her choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's shopping cart.
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the shopping cart and check that the contents of their order are correct.
Once the CUSTOMER has validated the contents of the basket, an online form to be completed on a specific PayPal page, online payment by credit card or payment by bank transfer. A summary of the applicable taxes and, if applicable, the shipping costs will appear.
The CUSTOMER is invited to check the content of their order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.
The CUSTOMER can then proceed to pay for the PRODUCTS by following the instructions on the WEBSITE and provide all the information necessary for the invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
5.2.3. Acknowledgment of receipt
Once all the steps described above have been completed, a page will appear on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order (order confirmation) is usually sent to the CUSTOMER by e-mail, provided that the e-mail address provided through the registration form is correct.
The SELLER does not send any order confirmation by post or fax.
During the ordering process, the CUSTOMER will have to enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
In particular, the CLIENT must clearly indicate all the information relating to the DELIVERY, in particular the exact DELIVERY address or the selection of the DELIVERY relay point, as well as any access code to the DELIVERY address.
The CLIENT must then specify the chosen means of payment.
Neither the purchase order that the CLIENT draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CLIENT by e-mail constitute an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the WEBSITE do not start to run until this date.
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
In particular, prices include value added tax (VAT) at the rate in force on the date of ordering. Any change in the applicable rate may impact the price of the PRODUCTS as of the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. As a result, the prices indicated on the SITE may change. They can also be changed in case of special offers or sales.
The prices shown are valid unless there is a gross error. The applicable price is the one indicated on the WEBSITE on the date on which the order is placed by the CLIENT.
5.5. Availability of PRODUCTS
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability has not been indicated at the time of ordering, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CLIENT:
Either offer to ship all PRODUCTS at the same time as soon as the out-of-stock PRODUCTS are available again,
Either proceed with a partial shipment of the available PRODUCTS at first, then the shipment of the rest of the order when the other PRODUCTS are available, subject to clear information regarding the additional transport costs that may be incurred,
Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel his/her order for unavailable PRODUCTS, he/she will obtain a refund of all sums paid for the unavailable PRODUCTS no later than thirty (30) days of payment.
Delivery costs are free for delivery in metropolitan France.
Article 6. – Right of withdrawal
As the PRODUCT is personalised and custom-made for the CUSTOMER at the time of ordering, the CUSTOMER does not have the right to return or return the product to the SELLER. If the CUSTOMER notifies a request for withdrawal from his order, and if the PRODUCT has not yet been manufactured at the time of receipt of this request, the SELLER will grant this request for withdrawal to the extent possible. If the SELLER grants the CLIENT's request for withdrawal, the CLIENT will obtain a refund of all sums paid for the PRODUCTS no later than thirty (30) days after the withdrawal request.
Article 7. –PAYMENT
7.1. Means of paymentThe CUSTOMER can pay for his PRODUCTS online on the WEBSITE according to the means offered by the SELLER. The CLIENT guarantees to the SELLER that he/she holds all the required authorisations to use the chosen means of payment. The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of the online payment on the SITE.Il is specified in this respect that all information relating to the payment provided on the SITE is transmitted to the bank of the SITE and is not processed on the SITE.7.2. Payment dateIn the event of a one-time payment by credit card, the CUSTOMER's account will be debited as soon as the order for PRODUCTS is placed on the WEBSITE. In the event of partial DELIVERY, the full amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his/her order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.7.3. Late or refusal of paymentIf the bank refuses to charge a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment. In the event that, for any reason, opposition, refusal or otherwise, the transmission of the flow of money due by the CLIENT proves impossible, the order will be cancelled and the sale will be automatically terminated.
Article 8. – EVIDENCE AND ARCHIVING
Any contract concluded with the CLIENT corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code. The SELLER agrees to archive this information in order to follow up on transactions and to produce a copy of the contract at the request of the CLIENT. In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. – TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until they have been paid for in full by the CLIENT. The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by the CLIENT, or by a third party designated by the CLIENT other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage that they may entail.
Article 10 – Delivery
The PRODUCTS are shipped to the delivery address(es) indicated by the CUSTOMER during the ordering process. Delivery times & costsDuring the ordering process, the SELLER informs the CUSTOMER of the possible shipping times and formulas for the PRODUCTS purchased. Shipping costs are calculated based on the delivery method. The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased. The SELLER reserves the right to select any appropriate shipping method for reasons of time, weight, and value of the order. The selection of another shipping method by the SELLER can in no way affect the payment of the buyer's contribution to the shipping costs.
Delivery time: Delivery time is variable. The envisaged delivery time will be indicated to the CLIENT as far as possible in response to his order. Exceeding this envisaged period may not give rise to any cancellation of the order, any reduction in the price paid by the buyer, and any payment of damages. However, and in accordance with the provisions of Article L.121-20-3 of the Consumer Code, in the absence of delivery within thirty days of the day following the customer placed his order, he will have the possibility to cancel his order free of charge. The sums deducted from him will be reimbursed. The SELLER shall refund, without undue delay from receipt of the cancellation letter, to the CLIENT the total amount paid for the PRODUCTS, including taxes and delivery costs, by means of the same payment method used by the CLIENT to purchase the PRODUCTS. DELIVERY PROBLEMSThe SELLER is responsible until the PRODUCT is delivered to the CUSTOMER. It is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.
Article 11. –PACKAGING
The PRODUCTS will be packaged in accordance with current transport regulations, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. The CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Article 12 in the exercise of the warranty of the PRODUCT.
ARTICLE 12. GUARANTEES
12.1. Guarantee of conformityArticle L.211-4 of the Consumer Code: "The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article L.211-5 of the French Consumer Code: To comply with the contract, the goods must:1° Be fit for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; have the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2° Either have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. The SELLER is required to deliver a compliant PRODUCT, i.e. suitable for the expected use of a similar good and corresponding to the description given on the SITE. This conformity also presupposes that the PRODUCT has the qualities that a buyer can legitimately expect in the light of the public declarations made by the SELLER, including in advertisements and on labelsIn this context, the SELLER is likely to be liable for any lack of conformity existing at the time of delivery and for any lack of conformity resulting from the packaging, assembly or installation instructions when it has been carried out at his expense or under his responsibility. The action resulting from the lack of conformity is time-barred two (2) years from the date of delivery of the PRODUCT. (Article L.211-12 of the French Consumer Code) In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CLIENT. In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address:13 rue de Verdun – 69100 Villeurbanne – FranceIt is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the PRODUCTS.
12.2. Warranty against latent defectsThe SELLER is bound by the warranty for hidden defects in the PRODUCT sold that render it unfit for the use for which it is intended, or that so diminish this use that the CUSTOMER would not have acquired it, or would have given only a lower price, if he had known about them. (Article 1641 of the Civil Code) This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between a refund of the price of the PRODUCT if it is returned and a refund of part of its price, if the PRODUCT is not returned. In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 13 rue de Verdun – 69100 Villeurbanne – France. The action resulting from the redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
Article 13. –RESPONSIBILITY
Under no circumstances can the SELLER be held liable in the event of non-performance or poor performance of contractual obligations attributable to the CLIENT, in particular when entering his order. The SELLER cannot be held liable, or considered to have failed herein, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals. It is also specified that the SELLER does not control websites that are directly or indirectly linked to the SITE. Consequently, it excludes any liability for the information published therein. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.
Article 14. –PERSONAL DATA
The SELLER collects personal data about its Customers on the WEBSITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser. The data collected by the SELLER is used to process orders placed on the WEBSITE, manage the CLIENT's account, analyse orders and, if the CLIENT has chosen this option, send them commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER. The CLIENT's data is kept confidentially by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law. CUSTOMERS may unsubscribe at any time through the contact form available on the WEBSITE or through a hyperlink located at the bottom of each offer received by e-mail. The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer to its business partners the names and contact details of its CUSTOMERS, provided that they have given their prior consent when registering on the SITE. The SELLER will specifically ask the CUSTOMERS if they wish to have their personal data disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners. In accordance with Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, the CLIENT has the right to access, rectify, oppose (for legitimate reasons) and delete their personal data. They may exercise this right by sending an e-mail to the following address: contact[at]emcsuspension.com or by sending a letter to EMC - 13 rue de Verdun - 69100 Villeurbanne - France.Il is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
Article 15. –CLAIMS
The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: +33 4 72 04 26 00 (non-surcharged number). Any written complaint from the CUSTOMER must be sent to the following address: EMC - 13 rue de Verdun – 69100 Villeurbanne – France
Article 16. –INTELLECTUAL PROPERTY
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's permission in writing. This authorization of the SELLER will not be granted definitively under any circumstances. This link must be removed at the request of the SELLER. Hypertext links to the SITE that use techniques such as framing or in-line linking are strictly prohibited.
ARTICLE 17. VALIDITY OF THE TERMS AND CONDITIONS
Any change in the law or regulations in force, or any decision of a competent court invalidating one or more clauses of these Terms and Conditions shall not affect the validity of these Terms and Conditions. Such modification or decision does not in any way authorize CUSTOMERS to disregard these General Conditions.Any conditions not expressly dealt with herein will be governed in accordance with the practice of the retail sector, for companies whose registered office is located in France.
ARTICLE 18. MODIFICATION OF TERMS AND CONDITIONSThe terms and conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Terms and Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable Terms and Conditions are those in force at the time of the order. Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
ARTICLE 19. JURISDICTION AND APPLICABLE LAWThe terms and conditions of these Terms and Conditions as well as the relationship between the CLIENT and the SELLER are governed by French law.
In the event of a dispute, only the French courts will have jurisdiction. However, prior to any recourse to the arbitral or state judge, preference shall be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of the occurrence of any dispute relating to this contract, including its validity. The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute shall be submitted to the competent court designated below. Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other and for the conflict that is the subject of the negotiation. By way of exception, the parties are entitled to apply to the court for interim relief or to request the issuance of an order on application. Any action before the court of summary proceedings or the implementation of a procedure on application does not entail any waiver on the part of the parties of the amicable settlement clause, unless expressly desired otherwise.