General Terms and Conditions of Sale
e-setera.com (hereinafter named “the Website”) is published by:
JUST’IN, Societat de Responsabilitat Limitad , where main place of business is at Carretera del Mas de Ribafeta, Formentals Park, Casa A3, Arinsal, AD400 La Massana, Andorra, registered at Andorra RS under number 18152, NRT number L-713259-L
Hereinafter named “the Vendor”).
These general terms and conditions of sale apply, without reservations or restrictions, to all sales made by the Vendor with non-professional purchasers (hereinafter referred to as the Customer(s)) of any product offered for sale (hereinafter referred to as the “Product(s)”) on the Vendor’s Website.
These general terms and conditions of sale apply to the exclusion of all other conditions, and especially those applicable to in-store sales or sales made through other distribution or marketing channels. These general terms and conditions of sale can be viewed at any time on the website and shall prevail over any contradictory document.
The Customer declares that he/she is fully aware of these General Terms and Conditions of Sale and has accepted them by checking the box provided for this purpose before beginning the online ordering procedure. Because changes may be made to these General Terms and Conditions of Sale at a later date, the version applicable to the Customer’s purchase is the version displayed on the Website when the order is placed. By confirming the order, the Customer accepts these General Terms and Conditions of Sale without restriction or reservation.
The Customer acknowledges that he/she has the legal capacity to contract and purchase the Products offered for sale on the Website.
It should be noted that data exchange privacy is not guaranteed over the Internet, and that it is up to every Internet user to take appropriate measures to protect his/her data and/or software from contamination by viruses possibly circulating on the Internet.
The main features of the Products, notably their specifications and illustrations, are displayed on the Website.
The Customer is under the obligation to become acquainted with them before proceeding to checkout.
The choice and purchase of a Product is the sole responsibility of the Customer.
The Customer is under the obligation to refer to the description of each Product to become acquainted with its main features.
The Products are offered for sale within the limits of available stocks as displayed when proceeding to checkout.
Ordering on the Website is subject to compliance with the procedure implemented by the Vendor and is materialised by a sequence of steps which the Customer must follow to place his/her order. Any order confirmed by the Customer implies acceptance of a sales agreement and all the clauses of these GTCS.
The sale will only be considered final after the Vendor confirms its acceptance of the order in an email sent to the Customer.
It is up to the Customer to check the accuracy of the order and immediately report any error.
Any order made through the Website constitutes an agreement concluded remotely between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom a dispute relating to the payment of a previous order is in progress.
The Customer can track the progress of his/her order on the Website.
The Customer may withdraw from the purchase in the conditions stated in article 5 of these General Terms and Conditions of Sale.
- PRICES AND TERMS OF PAYMENT
The Products are provided at the applicable prices displayed on the Website when the Vendor registers the order. Product prices are shown in Euros and are inclusive of VAT for France and excluding taxes for other countries.The prices include any discounts that may have been granted by the Vendor on the Website.
The order total (inclusive of VAT and carriage) is shown in your shopping cart when proceeding to checkout; however subject to customs clearance charges at the destination of the order.
The vendor reserves the right to modify its prices at any time, but Products will be invoiced on the basis of the prices applicable when the order is registered.
3.2. Terms of payment
The price of the Products is payable immediately and in full when the Customer proceeds to checkout, via our partner PayZen secure payment platform. The Customer expressly acknowledges that by entering his/her credit card number on the Website, he/she authorises a debit transaction from his/her account amounting to the total sum of the Products ordered.
The data registered and stored by the Website constitutes proof of purchase and all transactions concluded. The data registered by PayZen or Secure Trading constitutes proof of the financial transactions.
Delivery to Europe, Switzerland, and USA.
Delivery is made to the delivery address entered by the custome, it being specified that that this address must be the customer’s home address, the address of a natural person of his/her choice, or a business address (when delivering to his/her company).
When the Customer enters his/her personal data, he/she must make sure that the information provided is accurate and complete. Therefore, he/she must make certain that he/she has entered accurate and complete delivery information. In the event of an error in the recipient’s address details, the Vendor cannot be held liable for its inability to deliver the product.
Deliveries cannot be made to hotels or post boxes.
The Vendor will deliver the Products ordered in mainland France within a maximum timeframe of 12 (twelve) working days from the confirmation of the order by the Vendor.
The Vendor undertakes to provide its best efforts to deliver the Products ordered within the above timeframe. However, in the event of a delay in delivery for any reason other than force majeure or a fault of the Customer, the sale may be cancelled at the Customer’s written request in compliance with articles L.138-2 and L.138-3 of the Consumer Code. The sums paid by the Customer will be refunded to him/her 14 (fourteen) days after the sales agreement is terminated, without any compensation or withholding. Timeframes are stated for information only and are indicative of average processing and delivery times. The Vendor cannot be held liable for the consequences of late delivery which are not attributable to any fault of its own.
5. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
The customer may withdraw from the sale within a period of 14 days from receipt of the order, without having to provide a reason or pay any penalty, and ask for a replacement or a refund (except shipping cost)
The customer will be granted a credit valid for a year.
In case of a refund, the request must be made in writing.
For an exchange, the customer must return the item (s) as indicated at the end of the paragraph *.
The customer will have to log on to the website and order the right article(s). The credit will be taken into account when making a payment
In order to obtain a store crédit or an exchange, some conditions must be respected, the products must be returned on condition that the product is returned in its original packaging and in perfect original condition (new, not worn, not washed) within 14 (fourteen) days after the Customer notifies the Vendor of his/her decision to withdraw.
Goods must be returned complete and in their original condition such that they may be resold as new, and accompanied by the purchase invoice.
To make a return, the Customer must follow the procedure indicated on the email he/she received at the time of purchase (or end of paragraph *)
Products that have been damaged, soiled or which are incomplete will not be accepted or refunded.
The right to withdrawal can be applied online, via the contact form or by email provided on the website (by indicating the reference order and article references or by replying to the order confirmation email), in this case, an acknowledgement of receipt on durable media will immediately be forwarded to the Customer by the Vendor) or by any other unequivocal statement expressing your intention to withdraw.
If the right of withdrawal is implemented within the abovementioned timeframe, the Customer will be refunded for the price of the Product(s) purchased.
In all cases, return carriage fees are bared by the Customer, unless the Product delivered differs from the Product ordered in which case the return carriage will be paid by the Vendor.
The exchange (if the item is available) credit, or refund (if expressly requested by the customer) will be made within 14 (fourteen) days from the date the products were received at the address indicated, he/she will have been informed of the Client's decision to withdraw (Annex I)
Should the Customer fail to comply with the conditions stated in this article, the Vendor will not provide a store credit for the concerned items
* IN CASE OF RETURN:
We invite you to indicate it on our site e-setera.com
You will need to go to your post office:
Return the item by registered shipping with acknowledgment of receipt
1- check on your mailing slip « RETURN
2- Note the return address
Carretera del Mas de Ribafeta
Formentals Park, Casa A3
AD400 LA MASSANA
3- Insert the invoice in the pocket which is on the side of the package.
4- Pay for the return of the items.
5- keep the postale invoice
6- Keep the postal invoice and send it back to us by email at email@example.com in order to forward the tracking number.
7- Return to e-setera.com to re-order your article.
8- The credit will be taken into account when making the payment
6. VENDOR’S WARRANTY AND LIABILITY
The Products sold on the Website are compliant with applicable regulations in France and provide a level of performance compatible with non-professional use.
Pursuant to the applicable legal provisions, the Products supplied by the Vendor are covered, automatically and without additional payment and independently of the right of withdrawal:
— by the statutory warranty applying to Products that are apparently defective, broken, damaged or not compliant with the order,
— by the statutory warranty against latent defects arising from defective materials, design or manufacturing affecting the products delivered and rendering them unfit for their intended in the conditions and according to the terms stated in Appendix II of these General Terms and Conditions of Sale.
The Vendor will refund, replace or repair Products under warranty that are deemed non-compliant or defective.
Carriage will be refunded on the basis of the invoiced amount and return carriage will be refunded on production of evidence.
Refunds on Products deemed non-compliant or defective will be made as promptly as possible and at the latest within «Nombre» days after the Vendor acknowledges the non-compliance or latent defect.
Refunds will be credited to the Customer’s bank account or by cheque sent to the Customer.
The Vendor’s liability will not be incurred in the cases below:
- failure to comply with applicable legislation in the country in which the products are delivered, compliance with which is the Customer’s responsibility,
- incorrect use, professional use, negligence or defective maintenance by the Customer, as well as normal wear and tear to the Product, accident or force majeure.
In all events, the Vendor’s warranty is limited to the replacement or refunding of non-compliant or defective Products.
Customers are reminded that under the statutory warranty, the Customer:
- has a period of 2 years from delivery of the product to bring action against the Vendor;
- may choose between repair or replacement of the Product ordered contingent on the terms of article L 211-9 of the Consumer Code;
- is not under the obligation of providing proof that the Product is non-compliant during a 24-month period after the product is delivered.
The statutory warranty applies independently from any commercial warranty that may cover the Product.
The Customer may decide to implement the warranty against latent defects in compliance with article 1641 of the Civil Code; in this case, he/she may choose between terminating the sale or maintaining it in compliance with article 1644 of the Civil Code.
7. FORCE MAJEURE
With regard to all the steps involved in access to the website, from the ordering procedure to the delivery of the parcel or subsequent services, the Vendor is only bound to a best efforts obligation.
The Vendor cannot be held liable for any of the inconveniences or damage inherent to Internet usage, including interruption of service, outside intrusion or computer viruses, or for any event qualified as force majeure pursuant to the law and case law. In the event of force majeure, the relevant party must inform the other within a period of 15 (fifteen) days of the occurrence of said event by registered letter with acknowledgement of receipt. Force majeure events, in addition to those usually asserted in French case law, include total or partial strikes, lock-outs, riots, boycotts and other industrial actions or trade litigation, civil conflict, insurrection, war, inclement weather, epidemics, transport or supply blockades for any reason whatsoever, earthquakes, fire, storms, floods, water damage, government restrictions, computer failure, telecommunications blockades including wire or radio telecommunications, and any other case beyond the control of the parties preventing the normal performance of the contractual relation. All the parties’ obligations will be suspended for the duration of the force majeur event without compensation. If the force majeure event prevails for more than 3 (three) months, the relevant contract may be terminated lawfully without compensation for either party.
8. DATA PRIVACY ACT – COOKIES
8.1. PERSONAL DATA MANAGEMENT
The company implements some personal data processing. The operated personal data processing are set on legal basis for:
- The legitimate interest pursued by the company when it pursues the following:
- prospecting and animation;
- management of the relationship with its customers and prospects; organization, registration and invitation to the events of the company.
- The application of pre-contractual measures or contract when it involves a treatment intended to:
- The production, the management, the files follow-up of customers;
- the payment collection.
- The respect for legal and statutory obligations when it implements a treatment having for purpose:
- The prevention of money laundry, terrorism financial support, and the fight against corruption;
- The invoicing; the accounting.
The company keeps the data only for the necessary duration of the operations for which they were collected as well as in the respect of the regulations in force.
In this respect, the data of the customers are kept during the duration of the contractual relationship increased by 3 years for purposes of animation and prospecting,
without prejudice by obligations of preservation or by limitation periods.
Regarding the prevention of money laundry and the terrorism financing, the data are kept 5 years after the end of the relations with the company. Regarding accounting, they are kept 10 years as from the closure of the accounting year.
The data of the prospects are kept for a duration of 3 years if no participation or registration in the events of the company took place.
The handled data are intended for the people authorized of the company, as well as for partners: Prestashop, PayZen, Secure Trading.
In the conditions defined by data protection acts and the European regulation on the data protection, the physical persons have an access right in the data related to them, of rectification, interrogation, limitation, portability, deletion.
The people concerned by the operated processes also have a right by law to oppose at any time, for reasons holding their particular situation, a personal data processing having for legal basis the justifiable interest of the office, as well as the right of opposition for the commercial prospection.
They also have the right to define general and specific guidelines defining the manner in which they intend to exercise, after their death, the aforementioned rights by e-mail at the following address: firstname.lastname@example.org or by postal mail to the following address: JUST'IN SL Carretera del Mas de Ribafeta, Formentals Park, Casa A3, Arinsal, AD400 La Massana, Andorra, accompanied by a copy of a signed ID.
The persons concerned have the right to file a claim with the CNIL.Lastly, your banking details are never in our possession. The transactions are entirely processed by PayPal or our partner Secure Trading’s secure payment system.
8.3. Except where otherwise proven, the data recorded in the Vendor’s computer system constitutes evidence of all the transactions concluded with the Customer.
In compliance with the Data Privacy Act of 6 January 1978, the Customer has the right, at any time, to access, rectify or oppose all his/her personal data by writing a letter to the Vendor including proof of identity.
Any disputes arising from the purchase and sales transactions concluded pursuant to these General Terms and Conditions of Sale involving their validity, construal, performance, termination, consequences and sequels, and which cannot be resolved between the Vendor and the Customer will be submitted to the competent Courts of Andorra in the conditions of Andorran law.
The Customer is hereby informed that he/she may, in all events, resort to contractual mediation, notably with the Commission de la Médiation de la Consommation (consumer mediation commission) (Article L.133-4 of the Code) or with the existing sector-specific mediation authorities listed on the website www.mediation-conso.fr, or through any other alternative dispute settlement method. The Customer is hereby informed that he/she may, in all events, resort to mediation in the conditions established by articles L.152-1 et seq. of the Consumer Code.
10. PRE-CONTRACTUAL INFORMATION - CUSTOMER’S ACCEPTANCE
By ordering through the Website, the Customer fully adheres to, and accepts, these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who shall refrain, in particular, from asserting any contradictory document, which should the case arise, shall be unenforceable on the Vendor.
This form must be completed and returned only if the customer wishes to withdrawal the order placed on the website, except exclusions or limitations within the right of withdrawal following the applicable General Terms and Conditions of Sale.
To the attention of JUST'IN SL
Carretera del Mas de Ribafeta,
Formentals Park, Casa A3, Arinsal,
AD400 La Massana,
I hereby notify the withdrawal of the contract terms regarding the below order provided services:
- Order the "Date" :......................................................................
- Order number: .........................................................................
- Client name : ...........................................................................
- Customer's address: .................................................................
Signature of the Client (only in case of notification through this paper form):
PROVISIONS RELATING TO THE STATUTOY WARRANTIES
Art.L.211-4. of the Consumer Code
“The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which may exist on delivery.” “He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.”
Art.L.211-5. of the Consumer Code
“To conform to the contract, the product must:
1° Be suitable for the purpose usually associated with such a product and, if applicable:
a) correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
b) have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling.
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”
Art.L.211-12. of the Consumer Code
“Action resulting from lack of conformity lapses two years after delivery of the product.”
Article 1641 of the Civil Code
“A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.”
Article 1648 paragraph 1 of the Civil Code
“the action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.”
Carretera del Mas de Ribafeta,
Formentals Park, Casa A3, Arinsal,
AD400 La Massana,
Contact : email@example.com