TERMS AND CONDITIONS FOR USE OF THE WEBSITE AND GENERAL TERMS AND CONDITIONS OF SALE
Last up-date: January 2019
These terms and conditions for use and general terms and conditions of sale (hereafter the “GTCS”) apply exclusively between any user of the on-line sale website www.exposedparis.com (hereafter the “Website“) and the company Eurovet, a simplified joint stock Company with capital of 16,586,400 euros, and head office at 37/39 rue de Neuilly – 92110 Clichy, registered in the Nanterre Trade Registry under number B 433 019 189 (hereafter “Eurovet“ or the “Seller“).
The purchase of products for sale on the Website is reserved for adult private individuals, not traders, possessing their full legal capacity (hereafter the “Customer”).
The Customer undertakes to read carefully these GTCS before using the Website. The act of placing an order on the Website entails the Customer’s full and entire agreement with these GTCS of which he recognises having full knowledge.
ARTICLE 1 – PRICES
The prices of products on the site are in euros, dollars or livre sterling including all taxes, and do not include the delivery costs, of which the amount is specified before final confirmation of the order by the customer.
In the event of an obvious pricing error, which can notably be due to a technical problem, Eurovet reserves the right not to accept the order.
The products remain entirely the property of Eurovet until the price has been paid in full.
ARTICLE 2 – PRODUCTS
The products for sale are displayed on the Website according to their availability, and the offers remain valid for as long as they remain visible on the Website.
Eurovet reserves the right, at any time, to withdraw any product for sale on the Website.
In the event that a product is no longer available after an order has been confirmed, the Customer is informed rapidly by e-mail and the missing item(s) is/are automatically cancelled and reimbursed.
The descriptions of products for sale on the Website are purely indicative. Similarly, the photographs may differ slightly from reality, notably due to the configuration of the display settings of the computer used.
ARTICLE 3 – ORDERS
To place orders, the Customer must register his client information and follow the on-line buying process by adding the products to his basket. By viewing his purchase basket page, the Customer may take note of the various delivery cost, and the countries concerned.
After having confirmed the order and chosen the delivery country, the Customer must check the products ordered and take note of the GTCS. Once the Customer has clicked on “Place Order”, he is presumed to have accepted the GTCS, the prices of the products, the contents of his order and the delivery address.
After payment, the Customer shall receive an e-mail confirming the order. This e-mail does not constitute acceptance of the order by Eurovet, who reserves the right to refuse an order, notably in the event of the abnormal character of the order (notably due to the forbidding of the purchase of products for resale), abnormal or abusive complaints, exchanges or returns, existing disputes with the Customer or non-payment of a previous order.
Eurovet may not be held liable for a typing error by the Customer preventing the receipt of the e-mail confirming the order and/or delivery of the order.
ARTICLE 4 – PAYMENT
Payment for the order may be carried out by bank card (Visa, Mastercard or American Express).
The amount is debited when the order is confirmed, after confirmation from the bank having issued the card. In the event of refusal by the bank, the order shall be automatically cancelled.
The security of the transactions is ensured by encryption of the bank details through the SSL protocol. At no point do the Customer’s bank details pass through Eurovet’s IT system.
In the event of fraudulent use of his bank card, the Customer should contact the e-shop Customer Service Department, from Monday to Friday from 9 am to 6 pm, who will indicate the steps to take by means of and notaby: by email at [email protected].
ARTICLE 5 – DELIVERY
5.1 – Country of delivery
The products for sale are only delivered to the following countries: Metropolitan France, Germany, Austria, Belgium, Denmark, Spain, Finland, Greece, Hungary, Ireland, Iceland, Italy, Luxembourg, Pologne, Malta, Monaco, The Netherlands, Poland, Portugal, Czech Republic, Slovakia, Slovenia, Sweden.
Due to customs procedures, we do not deliver to the following destinations: French overseas departments and territories, overseas territorial communities and countries, Andorra, Büsingen and Heligoland (Germany), the Faeroe Islands, Greenland (Denmark), the Canary Islands, Ceuta, Melilla (Spain), the Aland Islands (Finland), Mount Athos (Greece), Campione d’Italia, Livigno, San Marin and the Vatican (Italy), Jersey and Guernsey (Great-Britain).
5.2 – Delivery times
Eurovet uses its best efforts to ensure prompt delivery of the orders. Orders registered on the Website as from Friday 1 pm, Saturday or Sunday shall only be processed on the following Monday. Orders registered on the Website on public holidays shall be processed on the following working day.
From the dispatch of the order, average delivery times are as follows:
• 3 to 5 working days with Colissimo for France;
• 5 to 10 working days for Colissimo International.
The delivery may however be delayed for reasons beyond the control of Eurovet. In this case, Eurovet undertakes to keep the Customer informed of the situation.
A delivery is presumed to have been carried out as soon as the transporter’s control system registers the placing of the parcel at the Customer’s disposal (delivery against signed receipt).
If the parcel is damaged or its content does not comply with the order, the Customer must contact Eurovet’s e-shop Customer Service Department within fifteen (15) days of the receipt of the products, in order to arrange the return of the products in compliance with the procedure set out in article 8.2.
ARTICLE 6 – RIGHT OF CANCELLATION
6.1 – Exercise of the right of cancellation
The Customer has a right of cancellation of fourteen (14) days following the date of receipt of the Products, in order to return the product(s) ordered, without having to give a reason nor pay penalties, in compliance with Directive 2011/83/EU of 25 October 2011 as transposed.
Any cancellation of an order must be notified by email at [email protected] to give you a right of return.
6.2 – Methods of return
After having notified Eurovet of the cancellation, the Customer must return the products concerned within 14 days maximum as from this notification.
Reimbursements for products under the right of withdrawal must be requested within fourteen (14) calendar days from the date of notification of withdrawal or deferred until the day on which the Products are received by Eurovet.
ARTICLE 7 – REIMBURSEMENT OF PRODUCTS AND EXCHANGE
7.1 – “Satisfied or money back” guarantee
Without prejudice to the provisions of the right to cancellation indicated in article 7, Eurovet offers Customers a total period of thirty (30) calendar days as from the date of receipt of the products to return all or part of their order not giving them satisfaction, to exchange it (only for click & collect orders), obtain a credit note or be reimbursed.
No product bought on the Website may be accepted as a return in a shop.
In the event of abnormal or abusive returns, Eurovet reserves the right not to accept the return and to refuse a subsequent order.
7.2 – Conditions and methods of return
Orders delivered via Colissimo: none of the products returned by the Customer, whether under the right of cancellation or the “satisfied or money back” guarantee, must have been used, damaged, dirtied or washed by the Customer. They must be returned whole, with their bag and/or label, in suitable wrapping and accompanied with the return slip.
The cost of the return is payable by Eurovet. Please contact [email protected] to give you a right of return.
Eurovet may not be held liable for any loss or damage incurred during the transport; Customers are therefore advised to use a service with tracking. In the event of loss or damage during transport, the Customer must contact his transporter directly.
7.3 – Reimbursement
Once the products are returned and checked by Eurovet, the Customer shall be reimbursed in compliance with the method chosen on his return form. The reimbursement shall be made within thirty (30) calendar days as from the date of receipt of the Products by Eurovet.Credit notes may also be issued on request.
ARTICLE 8 – LEGAL GUARANTEES
All the Products are covered by the legal compliance guarantee provided for in the French Consumers’ Protection Code, as well as the Civil Code guarantee concerning hidden defects, providing that the use was normal and that the care advice was followed:
• Consumers’ protection code
The seller is obliged to deliver goods complying with the contract and to answer for the compliance defects existing on delivery. The seller also answers for compliance defects resulting from the packaging, the assembly instructions or the installation when it is contractually bound to carry out the installation or when this is carried out under its responsibility.
To comply with the contract, the article must:
1º Be specifically for the use habitually expected for a similar article and, depending on the case:
– correspond to the description given by the seller and possess the qualities which the latter has presented to the buyer as a sample or model;
– resent the qualities which a buyer may legitimately expect in view of the public declarations made by the seller, by the manufacturer or by its representative, notably in the advertising or labelling;
2º Or present the characteristics defined by mutual agreement between the parties or be specifically for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted.
Any legal action resulting from a compliance defect is statute-barred two years after delivery of the article.
• Civil code
The seller is bound by the guarantee concerning hidden defects of the item sold making it unfit for the use intended for it, or which reduce this usability so that the buyer would not have bought it, or would have paid a lower price if he had been aware of them.
Any legal action resulting from prohibitive defects must be instigated by the buyer within two years as from the discovery of the defect.
ARTICLE 9 – INTELLECTUAL PROPERTY
All the intellectual property rights of the Website and its contents belong exclusively to Eurovet. No total or partial reproduction, use or modification of any element of the Website, in whatever form, may be carried out without the express authorisation of Eurovet who reserves the right to instigate legal action in respect of intellectual property.
The Customer is granted a limited licence, including consultation and use of the Website personally, and excluding downloading or modifying the contents, wholly or partly, without the express written agreement of Eurovet. This licence excludes any use of the Website for commercial purposes or resale, any recuperation and use of descriptions or tariffs of the products, any derived use of the Website or its contents, or any use of data exploration tools, indexation robots or tools for the collection and extraction of data. It is forbidden to reproduce, duplicate, copy, sell, or in any other way use all or part of the Website for commercial purposes without express written authorisation. It is forbidden to use techniques enabling the incorporation of any commercial brands, logos, exclusive information (including pictures, texts, page layouts or forms) belonging to Eurovet without express written authorisation. It is forbidden to use meta tags or any other “hidden text” using the name or commercial brands without express written authorisation.
ARTICLE 10 – SUNDRY PROVISIONS
10.1 – Force majeure
Eurovet shall not be liable for the delay in the total or partial execution or non-execution of its obligations, if that is provoked by a force majeure event, notably in the event of perturbation or total or partial strike of the postal services and means of transport and/or communication, floods or fire. Eurovet shall inform the Customers of a force majeure event, at the latest within five (5) working days following its occurrence. Eurovet shall use its best efforts to inform the Customer, as quickly as possible, of the means of transport for his order during the period affected by the force majeure event.
10.2 – Partial non validity
If one of the provisions of these GTCS were found to be null and void or not binding, the other GTCS would remain valid, unless the invalidated obligation were an essential obligation of which the deletion or cancellation prevented the application of the whole of the GTCS.
10.3 – Conservation and archiving of transactions
The invoices are archived on a reliable and lasting format so as to constitute a faithful and lasting copy.
10.4 – Changes to the GTCS
Eurovet reserves the right to change, modify, add to or delete all or part of these GTCS, at any time. Any modification to the GTCS shall be published on the Website. The date shown in the heading of these GTCS shall be modified to indicate the date of the latest update. The GTCS applicable to an order are those in force as at the date of payment for the order.
10.5 – Mediation
In accordance with the provisions of the French Consumer Code concerning “the mediation process for consumer disputes”, the Customer has the right to resort to a mediation service free of charge. Electronic link to the Online Dispute Resolution (ODR) Platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ENG
The Fédération de la Maille et de la Lingerie has signed a framework agreement with the MEDICYS mediation agency that enables its members, including Eurovet, to seek out-of-court dispute arbitration. This mediation agency can be contacted:
– Electronically at: https://www.medicys.fr/
– By mail at: MEDICYS – Centre de médiation et règlement amiable des huissiers de justice – 73, Boulevard de Clichy, 75009 Paris, France
Disputes cannot be examined by the consumer mediator until:
a) The Customer has provided proof that he/she has first made an attempt to settle the dispute directly with the Seller through a written complaint;
b) The Customer files the request with the mediator within a period of less than one year from the date of the written complaint sent to the Seller.
The request must not be clearly unfounded or abusive. Lastly, if the dispute has already been examined or is being examined by another mediator or by a court, or if it does not come within his/her sphere of competence, the mediator must refuse the Customer’s request. If the request is not deemed admissible, the mediator informs the Customer of the refusal of his/her request for mediation within three weeks of receiving the Customer’s file.
10.6 – Applicable law and jurisdiction
These GTCS are subject to French law. In the event of a dispute, French courts shall have sole jurisdiction. The Parties undertake however to seek an amicable solution before taking any legal action.