Presentation of the siteGeneral informationThis site is published and distributed by ETAT D'AMEHead office: 12 Rue en Gondeau 34000 Montpellier, FranceE-mail: contact@etat-d-ame.frWebsite : www.etat-d-ame.fr Director of publication : Marie-Hélène MartinezRegistered with the RCS of Montpellier under number 98A971Intra-community VAT number: FR52420999963Siret: 42099996300028APE code: 4778CDesign and Development: State of SoulPreambleThe online store of the ETAT D'AME store website was set up by Marie-Hélène Martinez, manager of the État d'ame store, located at 12rue En Gondeau 34000 Montpellier, operator of this site. Any order for a product appearing in the online store of the website implies acceptance of these general conditions.Consequently, the consumer acknowledges being fully informed of the fact that his agreement regarding the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order the products online as part of the website shop.The online store set up by Marie-Hélène Martinezin the course of its commercial activity mentions the following information:– Presentation of the essential characteristics of the properties offered.– Indication of the price of the goods in euros (TTC), and if applicable, delivery costs.– Indication of the terms of payment, delivery or execution.– The existence of a right of withdrawal. All this information is presented in French. The consumer declares to have full legal capacity allowing him to commit himself under these general conditions. Article 1: General These general conditions of sale of the State of Ame shop define the rights and obligations of the parties in connection with the sale of products through the online (electronic) store of the site etat-d-ame.fr to the customer. The customer declares to have read it and accepted the rights and obligations relating thereto.The State of Ame shop whose registered office is located in Montpellier, 12 rue En Gondeau, and registered with the Montpellier Trade Register under number 98A971 SIRET: 42099996300028 Article 2: Terminology The products offered for sale by ETAT D'AME on its online store will be ci hereinafter referred to as the "products". Each person wishing to benefit from the products and who meets these general conditions will be ci after referred to as a "customer"; Each order made by a customer under the conditions provided will be ci after referred to as "the order". Article 3: Description of products The information mentioned on each product sheet is given for information purposes only. The products offered comply with the French legislation in force and the standards applicable in France.The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. If errors are included, the responsibility of the ETAT D'AME shop can not be engaged. ETAT D'AME undertakes to make its best efforts to correct errors or omissions as quickly as possible after having been informed. ETAT D'AME can not be held responsible for the non-performance of the contract concluded in case of stock shortage and unavailability of the product, force majeure, disruption or total or partial strike including postal services and means of transport and / or communications, floods, fire.Hypertext links may refer to sites other than the etat-d-ame.fr site. ETAT D'AME disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force. ETAT D'AME guarantees the buyer customer, in respect of hidden defects that may affect the products delivered, in the context of a replacement of defective products, or parts making them unfit for their use. ETAT D'AME can not nevertheless be considered by the buyer customer as responsible for any harmful consequences that these hidden defects could have caused. Article 4: Terms of order ETAT D'AME presents on its website the products for sale with the necessary characteristics that make it possible to comply with Article L111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before the final order the essential characteristics of the products he wishes to buy.The offers presented by ETAT D'AME are valid only within the limits of available stocks. ETAT D'AME reserves the right to modify the assortment of products according to the constraints imposed by its suppliers.Customers guarantee that they are fully entitled to use the bank card and that this bank card gives access to sufficient funds to cover all costs resulting from the sale of products on the ETAT D'AME store online store. Only persons legally capable of entering into contracts concerning the goods and services offered on the site can order on the ETAT D'AME shop websiteIn accordance with the law of 13 March 2000 on electronic signatures, any purchase order signed by the customer by "double click" constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in these general conditions of sale as "right of withdrawal" and "out of stock".The "double click" associated with the authentication and non-repudiation procedure and the protection of all messages constitutes an electronic signature. This electronic signature has value between the parties as a handwritten signature. Article 5: Order confirmationThe data recorded by ETAT D'AME constitute proof of all transactions between ETAT D'AME and its customers. The contractual information is presented in French and will be confirmed by email at the latest at the time of delivery.ETAT D'AME reserves the right not to confirm an order for any reason whatsoever, relating in particular to either a problem with the supply of products or a problem concerning the order received. Any order paid by check will only be processed upon receipt of the means of payment. The availability and shipping times are to be recalculated from the date of receipt of the means of payment.ETAT D'AME recommends to its customers to keep a paper trace or on reliable computer support, the data relating to its order. The customer must verify the completeness and conformity of the information he provides to ETAT D'AME. The latter cannot be held responsible for any input errors and the consequences in terms of delays or delivery errors. In this context, all costs incurred for the return shipment will be borne by the customer.Article 6: Proof of the transactionThe computerized registers, kept in the computer systems of the ETAT D'AME shop under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.Article 7: PriceThe prices of the products are indicated in euros all taxes included (TTC) and are applicable only on the date of the sending of validation of the order by the consumer. They are not participating in the costs of logistics preparation and delivery, invoiced in addition, and indicated before the validation of the order.Full payment must be made when ordering.For deliveries within the European Union, prices take into account the VAT applicable on the day of the order and any change in the legal rate of VAT will automatically be reflected in the price of the products presented on the site, on the date stipulated by the implementing decree.For a delivery outside the European Union, the customer must pay customs duties, VAT or other taxes due on the occasion of the import of the products in the country of the place of delivery.The formalities relating thereto are also the sole responsibility of the customer unless otherwise indicated. The customer is solely responsible for verifying the possibilities of importing the products ordered with regard to the laws of the territory of the country of delivery. The ETAT D'AME shop reserves the right to modify its prices at any time and to refuse any order from a customer with whom there is a dispute.Article 8: Availability of productsThe offers contained in this site are valid as long as the products relating to them remain online and while stocks last. The order will be executed at the latest within 30 days from the day following that on which the customer's order has been definitively validated (means of payment received and order verification procedure carried out).In case of unavailability of the ordered product, in particular because of our suppliers, the customer will be informed as soon as possible and will have the possibility to cancel his order. The customer will then have the choice to request either the refund, if necessary, of the sums paid within 30 days at the latest of their payment, or an exchange of product of characteristics and equivalent price, if ETAT D'AME is able to obtain it.In case of impossibility of exchange, ETAT D'AME reserves the right to cancel the customer's order and refund the sums paid. The information on the availability of the products being transmitted by our suppliers, the unavailability of the product can not engage the responsibility of the shop ETAT D'AME nor give right to damages for the customer.Article 9: Method of paymentTo pay for your order, the only means remain the credit card (Visa, Mastercard) and PayPal. Availability and shipping times are to be recalculated from the date of receipt of payment.ETAT D'AME reserves the right to suspend any order management and any delivery in case of non-authorization of payment by officially accredited organizations or in case of non-payment.In particular, ETAT D'AME reserves the right to refuse to make a delivery and to honor an order from a consumer who has not fully or partially paid for a previous order or with whom a dispute is being administered.ETAT D'AME retains full ownership of the products sold until full receipt of all sums due by the customer as part of his order, including fees and taxes.The transfer of ownership of a good purchased in ETAT D'AME by the consumer to a third party, will not be supported by ETAT D'AME. Only the original buyer of this property can claim access to the clauses of these general conditions of sale. Article 10: DeliveryThe geographical area of delivery corresponds to the geographical area of coverage of the offer. The products are delivered to the address indicated by the consumer on the order form. Delivery is deemed to have been made as soon as the product is handed over to the carrier La Poste. The customer must verify the completeness and conformity of the information he provides to ETAT D'AME. The latter cannot be held responsible for any input errors and the consequences in terms of delay or error in delivery. In this context, all costs incurred for the reshipment of the order will be entirely borne by the customer.ETAT D'AME cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (total or partial strikes including postal services and means of transport and / or communication). The consumer is required to check the condition of the packaging and goods upon delivery and to report the damage due to the carrier on the delivery note, as well as to ETAT D'AME, within two working days.Article 11: delivery problem11-A: Delivery problem due to the carrierAny anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer's signature.In the case of a shipment made by the Post Office, if the package arrives open or damaged (in particular with the presence of the yellow tape "La Poste") it is essential that the customer has the postman or the post office on which he depends establish a "statement of spoliation" (report 170) so that ETAT D'AME can open an investigation and a compensation procedure.At the same time, the customer must confirm this anomaly by sending the carrier within (2) working days following the date of delivery a registered letter with acknowledgment of receipt setting out said claims.The customer must simultaneously send a copy of this letter (with the original of the "report of spoliation" if applicable) by simple mail to: ETAT D'AME 12 rue En-Gondeau 34000 Montpellier. Any complaint received after the deadline will be rejected.11-B: Delivery problem due to a delivery error – Non-conforming productsThe customer must make to the ETAT D'AME shop the same day of delivery or at the latest the first working day following delivery, any claim of error in delivery and / or non-conformity of the products in kind or quality compared to the indications on the order form. Any claim made after this period will be rejected without possibility of appeal. The formulation of this claim to the shop ETAT D'AME to be made:– by email to the following address: contact@etat-d-ame.frAny complaint not made in the rules defined ci above and within the time limits can not be taken into account and will release ETAT D'AME from any responsibility vis-à-vis the consumer.Any product to be exchanged or refunded must be returned within 8 working days of receipt of the return agreement from the ETAT D'AME shop in its entirety (accessories and instructions included) and in its original packaging in perfect condition, to the following address: ETAT D'AME12 rue En-Gondeau34000 Montpellier, France To be accepted, any return must be reported in advance to ETAT D'AME, The shipping costs advanced by the customer will be reimbursed by ETAT D'AME (on proof and within the limit of the cost of a colissimo shipment), except in the event that it turns out that the product taken back does not correspond to the original declaration made by the customer in the return slip. Failure to comply with the procedure ci above, no claim for non-conformity or apparent defect of the products delivered can be accepted.Article 12: Right of withdrawalAll products sold benefit from the "satisfied or refunded" clause for 7 working days from the date of delivery in accordance with the provisions of the Consumer Code, Article L 121-20, unless otherwise specified during the days of sale.The customer exercises his right of withdrawal in accordance with Article L 121-20 of the Consumer Code within 7 days of receipt of the goods. This right is exercised by returning the product to ETAT D'AME.ETAT D'AME recommends that the customer return its products by colissimo followed, provided with a recommendation or additional insurance guaranteeing him, if necessary, the compensation of the products up to the actual market value in case of spoliation or loss of this goods.The returned product must be in its original condition and packaging. It must not have been used, nor have suffered any deterioration however small it is and be in a state of perfect cleanliness.This right of withdrawal is exercised without penalty, with the exception of return costs which remain the responsibility of the customer.Within a maximum period of 30 days from receipt of the product in return, the customer will be reimbursed for the sums paid via PayPal.Article 13: Intellectual propertyETAT D'AME is the owner of the intellectual property rights on the site and the right to distribute the elements appearing on the catalog of the online store and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned.As such and in accordance with the provisions of the Intellectual Property Code, the partial or total reproduction, on any medium whatsoever, of the elements composing the site and the product catalog, their use and their provision to third parties are strictly prohibited.Article 14: Liability – Disputes – Applicable lawThe photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, the responsibility of the shop ETAT D'AME can not be engaged in case of error in one of these photographs or one of these texts.ETAT D'AME cannot be held liable for damages of any kind, whether material, immaterial or corporal, which may result from a malfunction or misuse of the products marketed. The same applies to any changes to the products resulting from the suppliers.The responsibility of the ETAT D'AME shop will, in any case, be limited to the amount of the order and can not be questioned for simple errors or omissions that could have remained despite all the precautions taken in the presentation of the products.ETAT D'AME cannot be held liable, towards a customer or a third party, for any indirect damage, any loss of operation, profit or turnover, occurring in any way whatsoever, even if this damage or this loss or prejudice was foreseeable by ETAT D'AME, or if its contingency had been brought to its attention.Without limiting the preceding paragraphs, the liability of La boutique ETAT D'AME under these terms and conditions may not exceed a sum equal to the sums paid or payable at the time of the transaction giving rise to said liability, regardless of the cause or form of the action concerned.ETAT D'AME can not be held responsible for the non-performance of the contract concluded in case of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike including postal services and means of transport and / or communications, flood, fire, earthquake, flood, lightning, pandemic.In case of dispute, the member will first contact ETAT D'AME to obtain an amicable solution.These general conditions of sale in French will be executed and interpreted in accordance with French law. Any dispute that may arise during its validity, interpretation or execution will be submitted to the competent Courts.Article 15: Personal informationETAT D'AME undertakes not to disclose to third parties the information communicated by customers on the site. These ci are confidential. They will only be used by its internal services for the processing of your order and only to strengthen and personalize communication, in particular by newsletters / emails of information as well as as part of the personalization of the site according to the preferences observed by users.Article 16: Modification of the general conditions of sale ETAT D'AME reserves the right to modify the general conditions of sale of products on the online store of its website https://www.etat-d-ame.frIn the event that any of the terms of the general conditions of sale are considered illegal or unenforceable by a court decision, the other provisions will remain in force.
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