TERMS AND CONDITIONS
SASU BOHO BALI (trade name ELSI PARIS) is the seller of the products and services present on the site.
www.elsi.paris ("the Website") is published by the company ELSI PARIS - SASU BOHO BALI with a capital of 1000 euros, whose head office is located at 134 rue Perronet 92200 Neuilly sur seine, registered with the Trade and Companies Register de Paris under number 92129565500010, intra-community VAT number FR17921295655.
The manager of the company is Mrs. Jessie Frescal.
The Site allows ELSI PARIS to offer its products (hereinafter "the Products") for sale in France and abroad.
I - APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
These general terms and conditions of sale apply exclusively to all sales of products and services completed via the Website https://www.elsi.paris (the "Articles") between ELSI PARIS and any natural person having the status of consumer or non-professional (non-trader), and holding full legal capacity (the "Customer").
Prior to any order (the "Order"), the Customer is subject to knowledge and acceptance of the present general conditions of sale, the GTC being available on the Website.
The GTC are available via the dedicated menu on the Website and the hypertext link presented before any purchase and acceptance of the GTC by the Customer.
ELSI PARIS reserves the right to adapt or modify these GTC at any time, the version of the GTC applicable to any sale being the one appearing online on the www.elsi.paris website at the time of the Order. Consequently, the fact of placing an Order requires the Customer’s full prior and unconditional acceptance of these GTC by clicking on the button "I have read and I accept the general conditions of sale".
The General Terms and Conditions of Sale are binding on the Customer, who acknowledges, when making payment, having read and accepted them before placing the order.
These GTC prevail over any other document.
II - WEBSITE INFORMATION AND WEBSITE ACCESSIBILITY
www.elsi.paris is an electronic commerce website owned and operated by ELSI PARIS.
The website is open to all users of the Internet network and accessible 24/7, except in the event of a scheduled or unscheduled interruption by ELSI PARIS or its service providers. ELSI PARIS cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Website.
ELSI PARIS does not guarantee that the Website will be free from anomalies, errors or bugs, or that the Website will operate without failure or interruption. In this regard, he can freely and at its own discretion determine any period of unavailability of the Website or its content. ELSI PARIS also cannot be held responsible for problems with data transmission, connection or network unavailability.
III - CAUTION
The sale of Articles on the site is exclusively reserved for retail sale and individuals.
Under no circumstances may the site be used by professionals selling customers, alone or in groups, regardless of the method of marketing their products (internet marketplaces, shopping malls, intermediaries, physical stores in particular). The Customer therefore acknowledges and accepts that the items can only be purchased in quantities corresponding to the means of a consumer, both with regard to the number of Items ordered in a single order and to the number of individual Orders respecting the usual amount of an average consumer placed for the same product. ELSI PARIS reserves the right to refuse a manifest order validated by a professional selling Customer.
Any Customer declares to be informed of the lack of reliability of the Internet network, especially in terms of relative security in the transmission of data, unguaranteed continuity in access to the Website, unsecured performance in terms of volume and speed of data transmission and the spread of viruses.
ELSI PARIS warns each Customer about the need to implement within its computer or its portable or mobile equipment a solution and security measures to prevent the spread of viruses.
It is mandatory to go through the Site for all complaints about items purchased online on the Website.
It may happen that a part has a defect or a fragility that has escaped ELSI PARIS. The Customer is invited to contact ELSI PARIS at the address email@example.com by sending photos. The most suitable solution will then be proposed.
IV– REGISTRATION ON THE WEBSITE
Any Customer who is of legal age can freely create a free customer account. To be able to place an Order, a customer account must be created in the « Account » section.
The creation of a customer account is carried out by the Customer by filling in the form offered to him/her for his/her identification data. This account is strictly personal and allows the Customer to identify him/herself before validating each Order.
When creating the Customer Account, the Customer enters the data that allows his/her identification under his/her full responsibility, control and direction and undertakes to communicate complete, accurate and updated information, and not to usurp the identity of a third party, nor to hide or change his/her age. The Customer is obliged to always update his/her personal information. In case of error in the wording of the recipient's contact information, ELSI PARIS shall not be held responsible for the impossibility to deliver Products.
When creating a Customer Account, the Customer chooses his/her username (email) and password.
If the chosen username is already assigned, the system will prompt the Customer to choose another one.
Usernames and passwords are personal and confidential. The Customer is solely responsible for them.
The Customer undertakes to keep his/her password secret and not to disclose it under any circumstances and for any reason whatsoever.
In case of suspicion of the use of the username and password by a third party, the Customer shall immediately inform ELSI PARIS in order to change his/her password and/or choose to have his/her Customer account closed.
ELSI PARIS reserves the right to close any Customer account and to refuse any sale to a Customer in the following cases :
- Failure to pay for one or more previous Orders,
- Abusive, unfair or fraudulent use of the Order service offered on the Website or failure to comply with any of the Customer's obligations as defined in the GTC.
In this case, ELSI PARIS sends an email to the Customer involved at the address provided by the latter during the creation of his/her customer account informing him/her of his/her login and password deactivation and the closure of his/her account.
V – PRODUCTS
The Items available for sale are those listed on the Website. Offers are valid as long as they are visible on the Website. They are available within the limit of available stocks.
ELSI PARIS reserves the right to withdraw from sale, at any time, any item on the website and / or replace or modify any information associated with the items listed on this website.
In the event of unavailability of an item, after placing an order, the Customer is informed by email, the order is then automatically canceled, with no possibility of recourse for the Customer, the payment being made only on the shipped Items.
The characteristics of the Items sold on the Website (photographs, graphics and descriptions of the Items, etc ...) are given as an indication and may vary over time. Only the visual of the Item displayed at the time of the Order must be taken into account by the Customer. The characteristics and illustrations are non-contractual.
ELSI PARIS takes the greatest care in the presentation and description of these products to best satisfy the Customer's information. However, it is possible that errors may appear on the Website, which the Customer acknowledges and accepts.
ELSI PARIS does not guarantee the accuracy or security of any information transmitted or obtained through the Website.
VI – ORDER
VI - 1 Steps for the conclusion of the contract
The conclusion of the contract is offered in French and English.
All Orders require the Customer's registration or identification of the Customer via his/her Customer Account. It implies an obligation of payment.
The Customer declares to be at least 18 years old and to have the legal capacity, or if he is a minor, guarantees to have a parental authorization to carry out his/her Order.
To conclude the sale, the Customer must :
- After having filled his/her virtual cart on the Website (the " Cart ") by indicating the selected products and the desired quantities, click on " Order " ;
- Fill in his/her last name, first name, telephone number and the desired delivery and billing address ;
- Choose the delivery method ;
- Read and accept the Terms and Conditions ;
- Proceed to the payment of the total price indicated by :
- Credit card (Visa, CB, MasterCard) by filling in the name on the card, its number, the expiry date and the CVC code;
- Or PayPal account.
- Click on the "Confirm and Pay" button : Validation of the Order is a confirmation of the Customer's acceptance of the GTC, the purchased Items, their price as well as the associated costs.
Before clicking on the "Order" button, the Customer has the possibility to check the details of his/her order and its total price by clicking on the "Continue Shopping" button and on the icon representing a shopping cart to freely modify his/her Shopping Cart before validating his/her Order.
After validation of payment, the ELSI PARIS Seller shall contact the Customer as soon as possible by e-mail acknowledging receipt of his/her Order (items, price, quantity, etc.) and payment accompanied by these GTC which have been accepted by the Customer when making the payment. To this end, the Customer formally accepts the use of e-mail for confirmation by ELSI PARIS of the content of its Order.
The sale is formed at the time the Seller sends the confirmation of the order and receipt of payment made by the Customer.
The Seller reserves the right to make changes to the product(s) ordered that are related to technical developments in accordance with Article R. 212-4 of the French Consumer Code.
If the Customer does not receive any e-mail following his/her Order, it is the Customer's responsibility to contact the ELSI PARIS customer service department in accordance with the terms and conditions described in Article 12 of these Terms and Conditions of Sale.
ELSI PARIS can in no way be held liable in the event of a data entry error or error transmission that does not allow the delivery of the confirmation email and/or the Items.
For any question relating to the follow-up of an Order, the Customer must check his/her customer account on the Website or contact customer service as described in Article 12 of these GTC.
ELSI PARIS undertakes to fulfill within the limits of available stocks and within 24 hours (excluding weekends and holidays) the order. However, we inform you that this preparation time can be extended in case of strong period of activity. In the absence of availability of the item(s) ordered, ELSI PARIS undertakes to refund it (them).
The goods remain the property of the Seller until full payment of their price.
VI - 2 Record keeping and evidence
In accordance with Article L. 134-2 of the French Consumer Code, any contract for which the order is for an amount equal to or greater than one hundred and twenty (120) euros and consisting of the order confirmation and these General Terms and Conditions of Sale shall be retained from its conclusion until delivery and for a period of ten (10) years from delivery. The Customer can request access to it at any time during the aforementioned period by contacting the Seller, whose contact details are given in Article 12 of these GTC.
VII – REFUSAL TO PROCESS AN ORDER
ELSI PARIS reserves the right to remove at any time any Item posted on the Website and to replace or modify any content or information contained therein. Despite the best efforts of ELSI PARIS to satisfy its clients' expectations, ELSI PARIS may refuse to process any given order once the client has received the Order confirmation e-mail from ELSI PARIS.
The Seller reserves the right to refuse any order for legitimate reasons, particularly if the quantities of products ordered are unusually high for buyers who are consumers or non-professionals.
ELSI PARIS shall not be held liable to the Customer or to any third party for any decision to remove an item from the Website, or to replace or modify any content or information found on the Website, or for any refusal to process an Order once the Order confirmation e-mail has been sent.
VIII – PRICES AND TERMS OF PAYMENT
The prices of the items appearing on the Website are indicated in euros and include all taxes, excluding participation in processing fees and excluding shipping costs.
The total price of the Order (including discounts applicable on the day of the Order, all taxes and shipping costs) is indicated in the Basket. The amount of the shipping costs is specified on the Website before validation of the Order.
All product prices take into account the value added tax (VAT) in force on the day the Order is validated and applicable in France.
ELSI PARIS reserves the right to change its prices at any time but the products will be charged on the basis of the current rates at the time of order registration, subject to availability. The price of the Items invoiced is therefore the price indicated at the time of the Order.
The Products remain the sole property of ELSI PARIS until full payment has been received, which the Customer acknowledges and accepts.
The promotional offers proposed on each order by ELSI PARIS are not cumulative.
The period of validity of offers and prices is determined by the updating of the Website. ELSI PARIS will not refund any price difference between the time the order was placed and a subsequent price reduction.
The Order is payable immediately, by credit card (CB, Visa, MasterCard) or PayPal.
Payments made by credit card and whose currency is the euro are secured by the Shopify payment system. To find out more about secure payment on the Shopify platform, click on the following link: https://www.shopify.com/security
The Customer certifies that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his/her own.
All transactions are secured by this solution which presents highly secure pages for entering payment data: card number, expiration date and visual cryptogram.
To finalize the payment, a security code is required. The customer receives it: by e-mail, telephone or text message, so he must make sure that his/her contact details are entered correctly with his/her bank.
This platform then encrypts and transmits these payment data to the bank, in complete confidentiality, and makes them inaccessible to a third party.
The Customer expressly acknowledges that the communication of his/her credit card number to ELSI PARIS is tantamount to authorization to debit his/her Account up to the price of the Items ordered. If necessary, the order is automatically cancelled for non-payment.
The data recorded and stored by ELSI PARIS shall constitute proof of the Order and all past sales. The data recorded by WEBAFFAIRES shall constitute proof of any financial transaction between the Customer and ELSI PARIS.
When a validated and paid order contains one or more erroneous elements (price, description, photo, coupon ...), ELSI PARIS reserves the right to cancel and proceed to the refund of the latter.
IX – DELIVERY
Items for sale on this website are only available for delivery to the following countries: Metropolitan France, including Corsica, Monaco, certain European countries (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Germany, Latvia, Lithuania, Iceland, Finland, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom) and French overseas departments (Reunion Island, Martinique, Guadeloupe).
Deliveries are provided by Colissimo services from Monday to Friday, depending on the option chosen by the Customer when validating their Order. Deliveries are at the customer's expense or are offered for any purchase of a swimsuit in France only (not including the overseas departments).
The amount of the delivery costs is calculated according to the destination as well as the delivery method chosen.
The Customer will receive by e-mail an Order number confirming that the Order has been properly processed. The Customer will be informed of the various stages of his/her Order by e-mail.
Shipments are announced by e-mail to the Customer at the e-mail address provided by the latter on his/her customer account.
The items ordered will be delivered within a maximum period of 30 calendar days from the date of the Order, subject to full payment of the price.
The risk of loss or deterioration of the Items during shipping is transferred to the Customer when the order is handed over to the carrier, when the carrier is in charge of shipping by the Customer and not by ELSI PARIS. For all claims concerning the transport of the packages (delay, loss, deterioration), the Customer must therefore contact the carrier.
In case the Customer chooses a delivery by carrier :
- Thanks to the shipping number, the Customer can track the progress of his/her package on the website of the carrier chosen by the Customer.
- Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, of a natural person of his/her choice or of a legal entity (delivery to his/her company). Delivery cannot be made in hotels or post office boxes.
- The Customer is informed that it is his/her responsibility to provide exactly all the necessary details for the correct routing of his/her Order and perfect delivery (access code, access specification for example).
- If the Customer is absent at the time of delivery, a delivery notice shall inform the Customer of the terms and conditions for the storage of his/her package and its availability, under the full and exclusive responsibility of the carrier.
- If the delivery address provided by the Customer is not valid and therefore leads to a return of the package for non-receipt at the indicated address, the return shipping costs of the package to the new address transmitted will be borne by the Customer.
- A delivery note is included in the package, summarizing the Items ordered and actually delivered.
- The Customer fully and exclusively bears the risks relating to the Articles as from their delivery. Delivery means the transfer to the Customer of the physical possession of the Items (the "Delivery").
The Items are delivered to the delivery address indicated by the Customer at the time of the Order at the latest on the date indicated at the time of the Order, depending on the country of delivery.
ELSI PARIS makes every effort to deliver the Order within a maximum period of 30 days and undertakes that the delivery will be made within 4 (four) working days in Metropolitan France and 20 (twenty) working days for an international delivery, starting from the Order and undertakes that the delivery will be made within a maximum period of 30 calendar days.
In the event of a delayed delivery of more than 7 working days with respect to the maximum time limit above, the Customer may contact ELSI PARIS by e-mail to enjoin ELSI PARIS to execute the delivery within a reasonable additional time. In the event of failure to respect this new deadline, the Customer may ask ELSI PARIS by e-mail to cancel the Order.
The contract and therefore the sale shall be considered terminated upon receipt by ELSI PARIS of the email or letter by which the Customer informs ELSI PARIS of its decision, unless the delivery occurred between the sending and receipt of the email or letter from the Customer.
In the event that the Order is definitively cancelled, the Customer shall obtain a refund of the Order price paid within 30 days following the cancellation confirmed by e-mail.
In the event that the Customer receives the package after the cancellation of his/her Order, ELSI PARIS will refund the Articles, excluding return shipping costs, upon receipt of all of the items in their perfect original condition.
Each delivery is deemed made as soon as the package is made available to the Customer, in particular by the carrier, as indicated by the control system used by the carrier.
If the package is damaged or if the Items does not correspond to the Customer's Order, the Customer must initiate the return procedure described in Article 10 below within 30 calendar days after shipment.
In the event of delivery by a carrier requiring an appointment to be made with the Customer, the carrier shall contact the Customer as soon as possible to arrange a delivery appointment, 30 days at the latest from the date of validation of the order.
ELSI PARIS can not be held responsible for late delivery not being of its own doing, justified by a case of force majeure (as defined below) or due exclusively to unavailability of the Customer after several proposals for appointments by the carrier. Also, ELSI PARIS can not be held liable for any harmful consequences resulting from a delay in delivery, only the reimbursement of the Item by ELSI PARIS being possible to the exclusion of any other form of compensation.
If on the occasion of the same Order, the delivery dates of several Items are different, the delivery date shall be based on the latest date from the date of order.
X – RETURNS
X-1: Defective or non-compliant items:
Any claim on the Items, in particular in the event of defective, damaged, non-compliant or apparent defect(s), must be notified by the Customer to ELSI PARIS without delay by telephone, mail or e-mail using the contact information provided on the Website or in Article 12, specifying the Item(s) involved, the nature and type of defect.
It is up to the Customer to provide all probative evidence of the reality of the defect found. The Customer shall report its reservations and claims in a sufficiently precise manner to allow ELSI PARIS to investigate the reality of the defect. ELSI PARIS may request one or more photos of the Product.
In case of return accepted by ELSI PARIS, particularly in case of lack of conformity, the Customer will have the choice between the repair of the Item if possible, the refund or the replacement of the Item by an equivalent Item provided by ELSI PARIS.
In accordance with the provisions of the French Consumer Code, ELSI PARIS may not proceed according to the Customer's choice (repair or replacement) if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the Item or the importance of the defect. If repair or replacement is not possible, the Customer may return the Item (using the return slip) and get the refund of the price or keep the Item and get part of the refund.
A return slip can be obtained in the following cases :
- If the package is damaged (and in this case, the Customer must refuse the delivery or be given a certificate of damage by the carrier or notify any reservations on the products delivered to the carrier and ELSI PARIS). For this, it is imperative to make a reservation at the time of delivery by detailing the condition of the package on the delivery slip (taking a photo of the damaged package is strongly recommended in case of dispute with the carrier) ;
- If the delivered Item is different from the one ordered ;
- If the delivered Item shows a defect of conformity (defective, damaged or apparent defect).
In the cases mentioned above, the Customer may return the said Item using the return slip corresponding to the returned Item :
- The return form, valid no later than 30 days following the dispatch of the Order, may be obtained from ELSI PARIS customer service, contact details indicated in Article 12 ;
- The Customer must fill in the form provided for this purpose, print it and insert it in the package to be returned ; no return can be validated without it ;
- Any claim made after this deadline will not be accepted and ELSI PARIS will be released from any liability.
- This refund procedure is exclusive of any exchange, and this, in order to spare the Customer the delays and terms of exchange procedures that may present a major drawback for the Customer.
- The Customer will have to return the non-compliant Item to obtain the refund of the price of his Item.
- ELSI PARIS shall bear the cost of returning the item in a tracked parcel : to this end, the Customer must contact customer service (as described in Article 12 of these Terms and Conditions) to receive a prepaid postal label ; in no case ELSI PARIS will refund the return postage paid directly by the Customer to the Post Office.
The Customer must ship his/her non-compliant Item(s) in the original packaging of the Items to the following address :
Service retours e-shop
134 rue Perronet
92200 Neuilly Sur Seine
The Customer can drop off his/her return package :
- At the post office (package less than or equal to 30 kg).
The Customer can then track the delivery of his/her package on www.colissimo.fr.
X-2: Terms of return and refund:
Return costs are not covered by ELSI PARIS and are the responsibility of the customer.
Any return that does not comply or unsuitable for resale (damaged, used or soiled by the Customer) will be rejected and ELSI PARIS will be released from any liability.
Items must be returned properly protected, in their original packaging (a carefully opened package will not be considered as damaged packaging), accompanied by their label and protective film. The Customer must return the Items by a delivery method that ensures their protection and maintains them in perfect condition.
Once the returned Items have been checked, ELSI PARIS agrees to refund the Customer for the amount paid, non including delivery and return shipping costs, in accordance with his/her Order, as soon as possible and no later than thirty (30) calendar days following the date of receipt of the return package, to the bank account or payment account of the Customer used to pay for the Items.
The liability of ELSI PARIS and the guarantee are excluded in case of defects resulting from the use of the Item by the Customer and in particular improper use, poor maintenance or failure to comply with the conditions of maintenance and precautions for use communicated or made available to the Customer by ELSI PARIS or the manufacturer of the Item, negligence, fault or breach of the Customer's contractual obligations, unforeseeable and insurmountable fact of a third party outside the contract or force majeure.
XI – RIGHT OF WITHDRAWAL
Pursuant to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights in the context of distance selling contracts and Law No. 2014-344 of 17 March 2014 ; as transposed in the Customer's country, the Customer is entitled to withdraw, without having to state reasons or pay any penalties, within 14 calendar days following the date on which the Customer received the products.
This period of 14 days starts from the receipt of the Item (s) by the Customer. In the case of an order for several items delivered separately, the period starts from the day the customer receives the last Item.
The Customer must return the Item(s), shipping costs for the return of the said Items(s) at his/her own expense, as soon as the order is in "delivered" status :
- Log in to your customer account ;
- Access the "My Orders" section of your customer account ;
- Follow the return instructions indicated on the page at this step ;
- Go to the "My Returns" tab in your customer account, to find the address to which to return your package, shipping costs remain the responsibility of the Customer.
Customers have the option of returning the Item (s) by the carrier of their choice, to the following address:
Service retours e-shop
134 rue Perronet
92200 Neuilly sur Seine
The Customer is required to keep the proof of shipment and the tracking number of the returned package, ELSI PARIS not being responsible for the return.
Items must be returned properly protected, in their original packaging (a carefully opened package will not be considered as damaged packaging), accompanied by their label and protective film.
The Customer must return the Items by a delivery method that ensures their protection and maintains them in perfect condition. Any return that does not comply or unsuitable for resale (damaged, used or soiled by the Customer) will be rejected and ELSI PARIS will be released from any liability.
Once the returned Items have been checked, ELSI PARIS undertakes to refund the Customer for the full amount paid, excluding delivery and return shipping costs of the items, in accordance with his/her Order, as soon as possible and no later than fourteen (14) calendar days following the date of receipt of the return package, to the bank account or payment account of the Customer used for the payment of the Items.
The refund of an Order paid for with a Gift Voucher, Gift Card or credit note will be automatically refunded with a credit note.
XII – CUSTOMER SERVICE
For any information or question, for a follow-up of order, for the exercise of the right of withdrawal or for a return, the Customer must contact the customer service by email at firstname.lastname@example.org specifying the subject (Withdrawal, Return, Follow-up of order, or Other request related to the E-shop) from Monday to Friday from 9:30 am to 6:00 pm except public holidays.
XIII – GUARANTEES
ELSI PARIS's liability with respect to any Items purchased on the Website is strictly limited to the purchase price of the Items. Under no circumstances shall ELSI PARIS be liable for any of the following losses, regardless of their origin :
- loss of revenue or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- loss of data
- loss of work or management time
- image damage
- loss of luck
- moral prejudice.
The documents, descriptions and information related to the Items appearing on the Website are not covered by any explicit or implicit guarantee, except for the guarantees provided by law.
ELSI PARIS is only required to deliver Items in accordance with the contractual provisions. The Items are considered to be in conformity with the contractual provisions if the following conditions are met :
(I) they must comply with the description and have the characteristics set forth on the Website ;
(Ii) they must be suitable for the purposes for which such products are generally designed ;
(Iii) they must meet the quality and resistance criteria generally accepted for products of the same kind and which can reasonably be expected.
In addition, ELSI PARIS guarantees consumers against non-conformity and latent defects for Items offered for sale on the Website under the following conditions :
The existence of an apparent defect on an Item must give rise to a complaint to ELSI PARIS's customer service department (contact information specified in Article 12) within three business days following Delivery. Any complaint must explain the defect involved.
Otherwise, no complaint is admissible, and no return or exchange is possible.
The Item must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the ELSI PARIS office address, after sending an e-mail indicating the apparent defect of the Article referred to above.
The cases of apparent defect confirmed by ELSI PARIS shall give rise, depending on the content of the Customer's complaint, either to the establishment of a credit note in favor of the Customer, or to the replacement of the Article, or to the refund of the Price to the Customer within 30 days.
In case of non-compliance with the return procedure, no exchange or refund or credit note is possible.
Non-compliance - Hidden defects
Subject to the validation of a non-compliance or a hidden defect by ELSI PARIS or the manufacturer, as the case may be, the Items supplied by the Seller shall benefit by right and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions :
- the legal guarantee of compliance, for the Item apparently defective, damaged or damaged or not corresponding to the order. This guarantee covers the defects of compliance of the Item and the packaging. The legal guarantee of compliance allows the Customer to :
- Act against the Seller, within two (2) years of delivery of the Item and free of charge.
- Choose between repairing or replacing the Item ordered if it does not comply with the Order, subject to the cost conditions set forth in Article L. 217-9 of the French Consumer Code. ELSI PARIS may proceed to replace the non-compliant Item. If the replacement is impossible within one month following the complaint or if the Customer makes a reasoned request, the Customer may request a refund of the price of the Item.
- Be exempted from furnishing proof of the existence of the non-compliance of the Item during the twenty-four (24) months following the delivery of the Item.
- the legal guarantee against latent defects resulting from a defect in material, design or manufacture affecting the delivered Item to such an extent that the Customer would not have purchased it and rendering it unfit for use. The Customer may request the implementation of the guarantee against hidden defects in accordance with Article 1641 of the French Civil Code. In this case, within two (2) years from the discovery of the defect, the Customer may choose either to cancel the sale and thus return the Item to obtain a refund of the price paid for the Item that has proved unfit for use, or to keep the Item and request a discount on the sale price in accordance with Article 1644 of the French Civil Code.
In order to assert its rights, the Customer must return the Item(s) affected by a defect in the original condition in which it(they) was(were) received, either in the original packaging, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the ELSI PARIS offices, after sending an e-mail indicating the reason for the return of the Article (contact information in Article 12 of the said GTC) to the address ELSI PARIS - Service Retours e-shop - 134 rue Perronet - 92200 Neuilly sur Seine.
The Customer may contact the Seller by email (see Article 12 of the said GTC) in order to obtain a prepaid return label.
The Seller shall refund or replace any Items that do not conform to the order or are defective. Refunds for non-compliant or defective Items will be made as soon as possible and no later than fourteen (14) days after receipt of the Products by the Seller. Refunds will be made by crediting the Customer's bank account.
The Seller shall not be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Article, accident or force majeure.
For all purposes, it is recalled the following legal provisions :
Article L. 211-4 of the French Consumer Code : « The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery.
It also answers the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility. »
Article L. 211-5 of the French Consumer Code : « To comply with the contract, the product must :
1 ° Be suitable for the purpose usually of a similar property and, where applicable :
- Match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model ;
- The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling ;
2° Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted. »
Article L. 211-7 of the French Consumer Code : « The lack of conformity which becomes apparent within six months from delivery of the goods are presumed to have existed at the time of delivery, unless proved otherwise.
The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked. »
Article L. 211-10 of the French Consumer Code : « If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded.
The same faculty is open to him :
1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month following the buyer's complaint ;
2° Or if this solution cannot be done without major inconvenience for the latter given the nature of the property and the use it seeks.
However, the sale may not be cancelled if the lack of conformity is minor. »
Article L. 211-12 of the French Consumer Code : « The action resulting from lack of conformity lapses two years after delivery of the goods. »
Article L. 217-9 of the French Consumer Code : « In the event of a compliance defect, the buyer may choose between product repair and replacement.
However, the seller may decide not to proceed according to the buyer’s choice if this choice involves a cost which is manifestly disproportionate compared with the other choice, given the value of the goods or the importance of the defect. He is then required to proceed according to the method not chosen by the buyer, unless this proves impossible. »
Article 1641 of the French Civil Code : « The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not have acquired, or would only have paid a lower price if he had known. »
Article 1644 of the French Civil Code : « In the case of articles 1641 and 1643, the buyer has the choice to return the thing and get the price back, or to keep the thing and get part of the price back. »
Article 1648, paragraph 1 of the French Civil Code : « The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect. »
XIV – CONVENTION ON EVIDENCE
The Customer acknowledges and agrees that the Order recording systems shall record all transactions between ELSI PARIS and the Customer.
The Customer acknowledges and accepts that proof of acceptance of the GTC is characterized by ticking the mention "I have read and accept the general terms and conditions of sale".
To this end, the Customer acknowledges and accepts that the computerized data stored on the ELSI PARIS's computer servers under reasonable conditions of security and integrity shall be considered, in an irrefutable manner, as proof of acceptance of the terms of the GTC and proof of all transactions between ELSI PARIS and the Customer.
ELSI PARIS shall archive Purchase Orders and invoices on a reliable and durable medium, in accordance with the provisions of Article 1348 of the French Civil Code and guarantees access to the Customer at any time if he so requests in accordance with the provisions of Article L. 134-2 of the French Consumer Code.
Consequently, except in the event of manifest error on the part of ELSI PARIS proven by the Customer, the Customer may not challenge the admissibility, validity or probative force of the GTC and the content of the Order on the basis of any legal provision whatsoever specifying that certain documents must be written or signed to constitute proof.
Thus, these elements constitute evidence and, if they are produced as evidence by ELSI PARIS in any litigation or other proceedings, shall be admissible, valid and enforceable in the same manner, under the same conditions and with the same probative force as any document that would be drawn up, received or kept in writing.
At any time, the Customer may print, download, and keep a copy of the GTC on paper and electronic media.
XV – RESPONSIBILITY
ELSI PARIS reserves the right to amend the information on this Website at any time without notice.
ELSI PARIS agrees to describe with the greatest accuracy the Items sold on the Website and to ensure in the best possible conditions the updating of the information published on the Website.
However, ELSI PARIS cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Website.
In case of non-substantial differences between the presentation photos of the Articles on the Website, texts and illustrations and the Articles ordered, the responsibility of ELSI PARIS will not be engaged.
The Customer acknowledges and accepts that the prices of the Items are likely to vary between the Website and the retail stores, and that in no case this difference in price can not be used as a basis for a claim for refund in whole or in part of the Items purchased either on the Website or in stores.
The responsibility of ELSI PARIS can not be held liable in case of breach of any of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the case law of the French courts.
In particular, ELSI PARIS shall not be held liable for any non-performance or delay in the execution of Orders caused by events beyond its control ("Force Majeure").
A Force Majeure Event includes any act, event, non-performance, omission, or accident beyond ELSI PARIS's control and includes in particular (without limitation) :
- Strikes, closures or other industrial actions.
- Civil disorder, riot, invasion, terrorist attack or threat of terrorist attack, (declared or undeclared) war, or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Inability to use rail, boat, aircraft, road or other private or public transportation.
- Inability to use public and private telecommunications networks.
- Acts, decrees, legislation, regulations or restrictions of any government.
- Strikes, failures or accidents in shipping, postal or other transportation.
The execution of the GTC will be suspended as long as the Force Majeure Event lasts and the execution and delivery times will be extended accordingly. ELSI PARIS shall use its best efforts to put an end to the Force Majeure or to find a solution enabling it to perform its contractual obligations despite the Force Majeure.
If the event of Force Majeure lasts for more than three (3) months, the transaction concerned may be terminated at the request of ELSI PARIS or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of Force Majeure.
ELSI PARIS is solely liable for any direct and foreseeable damage at the time of use of the Website or the conclusion of the sales contract with the Customer, excluding any indirect damage.
XVI – PERSONAL DATA PROTECTION
The Customer is informed and agrees that his/her personal data may be collected on the Site and used by ELSI PARIS, acting as data controller as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter « General Data Protection Regulation » or « GDPR »).
ELSI PARIS undertakes to protect and ensure the security and confidentiality of its Customers' personal data in accordance with the GDPR, in particular by taking all necessary precautions to prevent such data from being distorted, damaged or accessed by unauthorized third parties.
In particular, Customers' personal data may be transmitted to service providers and contractual partners who, as sub-contractors within the meaning of the GDPR, intervene and contribute directly to the management of the Orders and for whom it is absolutely necessary to access the personal data provided by the Customer during the creation and use of his/her Account (identity, postal address, telephone number, e-mail address). Subcontractors may only act on the instructions of ELSI PARIS for the strict performance of the subcontracted tasks necessary for the management of Orders and the completion of the sale, without the Customers' authorization being required. It is specified that, in the context of the performance of their services, third parties have only limited access to data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Seller undertakes not to sell, rent, transfer or give third parties access to the data without the prior consent of the Customer unless it is obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence).
The personal data of the Clients are collected for the following purposes :
- The management of Orders and Customer relations ;
- Informing Customers about offers and commercial information related to the brand ;
- The reinforcement and improvement of the communication of the Website and the brand by sending, in particular, newsletters and special offers according to the Customer's preferences noted on the Website ;
- The improvement and personalization of the services offered to Customers ;
- And the respect of legal and regulatory obligations.
The Customer's personal data is kept only for the time strictly necessary for the purposes previously stated. The personal information collected is kept for a period not exceeding three (3) years from the end of the relationship with the Customer, unless a longer retention period is authorized or imposed by a legal or regulatory provision.
If the Customer chooses to pay by credit card, the name appearing on the card, its number, its expiry date and the visual cryptogram will be collected for the purpose of making the payment on the basis of the execution of pre-contractual measures taken at the Customer's request and the contracts to which the Customer is a party. This information will be kept until receipt of all the goods of the order paid by credit card increased by the withdrawal period.
If the Customer gives his/her consent, by ticking the box provided for this purpose, the number and expiry date of his/her bank card may be kept beyond the period provided for in the previous paragraph to facilitate subsequent purchases. These data will be kept until the Customer's consent is withdrawn and/or the validity of the credit card data expires.
In accordance with the GDPR, the Customer has the right to access, rectify and oppose personal data related to him/her (hereinafter the "Data Protection Rights").
To exercise one or more of the Data Protection Rights, the Customer must send a request by email or by mail to ELSI PARIS Customer Service, by filling out the contact form located on the Website or by writing to the following address indicating his/her last name, first name, email address and customer references : ELSI PARIS Service client, 134 rue Perronet - 92200 Neuilly sur Seine - FRANCE. The Customer can file a claim with the CNIL.
Each request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specify the reply address.
The answer to the request exercised on the basis of one or more Data Protection Rights will be sent within 2 months following receipt of the request.
The Customer may communicate to ELSI PARIS specific directives in which he or she defines the manner in which he or she intends to exercise, after his or her death, the Data Protection Rights in accordance with the GDPR.
On www.elsi.paris you can decide whether or not to accept our cookies. If you do not accept the deposit of these cookies click here.
XVII – COMMERCIAL OFFERS AND NEWSLETTERS
ELSI PARIS is likely to send commercial offers to Customers by mail, email, sms, telephone or via all web pages hosted by ELSI PARIS or on social networks, subject to prior acceptance.
The Customer has at any time the right to oppose at no cost to these commercial prospecting mailings, by clicking on the "unsubscribe" link included in each email.
The Customer may register on the list of opposition to telephone canvassing by electronic means on the website bloctel.gouv.fr, or by post at the following address : Service Bloctel, 6 rue Nicolas Siret, 10 000 Troyes.
XVIII – COOKIES
During the website consultation, information related to the navigation of the Customers may be recorded in "Cookies" files installed on their device (computer, tablet, Smartphone).
These cookies are issued by ELSI PARIS in order to facilitate browsing on the website and allow recognition of the Customers' browser when they are connected to the Website.
These cookies are issued in order to :
- Establish traffic statistics (number of visits, pages viewed, abandonment in the ordering process)
- Adapt the presentation of the Site to the display preferences of the terminals,
- Memorize information entered in forms, manage and secure access to reserved and personal areas such as the Customer account and to manage the shopping cart.
- ELSI PARIS reserves the right to install cookies in the Customer's computer during visits to the Website.
A cookie is a small file that is sent to the Customer's computer and stored on his/her hard drive. If the Customer is registered with ELSI PARIS, the Customer's computer will store an identifying cookie that will save time each time the Customer returns to the ELSI PARIS Website because it will recall the Customer's e-mail address.
A cookie does not identify the Customer but is intended to flag any previous visits to the Website to help ELSI PARIS to personalize its services.
The Customer can make settings so that cookies are disabled and thus prevent cookies from being installed, without its express consent, on his/her computer.
The Customer may express and modify at any time its wishes regarding cookies, by the means described below.
The Website uses computer applications from third parties, which allow the Customer to share content from the Website with other persons or to make known to these other persons his/her opinion concerning the content of the Site. (Social networks such as Facebook, "Instagram", "Twitter", etc.).
When the Customer consults a page of the Website containing a "Share" or "Like" button, the Customer's browser establishes a direct connection with the servers of the social network concerned.
If the Customer is connected to the social network while browsing, the application buttons allow the pages consulted to be linked to his/her account.
If he/she interacts using the plug-ins, for example by clicking on the "Like" button or by leaving a comment, the corresponding information will be transmitted to the social network concerned and published on his/her account.
If the Customer does not want the social networks to link the information collected through the Website to his/her account, he/she must log out of the relevant social network before visiting the Website.
ELSI PARIS is in no way responsible in any capacity whatsoever for the content or operation of any of the social networks, including those that may be linked to the Site.
XIX – INTELLECTUAL PROPERTY
ELSI PARIS is the exclusive owner of the intellectual property rights:
- On the Items offered on the Website,
- On the brands associated with the Items,
- On the Website, and in particular on its structure, on the organization and titles of its sections, on the visual and graphic identity, on its design, on its ergonomics, on its functionalities, on the software, texts, animated or still images, sounds, know-how, drawings, graphics and any other element composing the Website,
- On the databases, their structure and content, designed and managed by ELSI PARIS for the purposes of publishing the Website,
- On all design elements of the Website, whether graphic or technical,
- On the names, acronyms, logos, colors, graphics, or other signs that could be used, made or implemented by ELSI PARIS.
It is therefore prohibited to reproduce in any form whatsoever, directly or indirectly, the elements referred to in the previous paragraph, as well as to alter the trademarks, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available on the Website, and more generally to use or exploit these elements otherwise than in the context of the execution hereof.
As such, the reproduction or use of all or part of these elements is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
Any other use, unless prior written authorization of ELSI PARIS is constitutive of counterfeiting and punishable under intellectual property law.
Any creation of hypertext links to the home page of the Website, or any other page of the Website, is subject to the prior written consent of ELSI PARIS.
XX – APPLICABLE LAW
These General Conditions of Use are governed and interpreted in accordance with French law in accordance with EC Regulation 593/2008 of June 17, 2008. These General Conditions of Use are written in French.
In the event of a dispute related to the use of the Site, you have the option of resorting to a conventional mediation procedure or any other procedure for alternative dispute resolution.
In the event of a dispute, in accordance with the provisions of Regulation No. 44/2001 of December 22, 2000:
- you will be able to seize either the court of the place where you are domiciled, or the French courts,
- ELSI PARIS may apply to the court of the place where you are domiciled.
ELSI PARIS reserves the right to seek and obtain injunctions or orders for the defense of its rights hereunder.
In the event of discrepancies between the French version and the English version of the General Conditions of Use, the French version will prevail.
The Seller and the Customer remain free to accept or refuse the use of alternative dispute resolution and, in the event of recourse to mediation, to accept or refuse the solution provided by the mediator.
These GTC and the operations resulting therefrom are governed by French law.
It is specified that, in the event of a dispute, the Customer may always refer the matter to the competent French courts under the conditions of common law, in the absence of an amicable agreement between the Customer and ELSI PARIS (the Seller).
In case of dispute, the Customer may also have recourse to the platform for Online Dispute Resolution (ODR) set up by the European Commission via the link : https://ec.europa.eu/consumers/.
These GTC do not affect the Customer's legal rights as a consumer. For more information on his/her rights, he/she should contact his/her local authority or a consumer advice body.