Terms and conditions of sale
5. Geographical area I 6. Order I 7. Withdrawal I 8. Payment
9. Payment security I 10. Delivery I 11. Warranty I 12. Liability
13. Intellectual property I 14. Personal data
15. Archiving - Evidence I 16. Validity I 17. Dispute resolution
The present conditions of sale apply betweenJM E-BIZ, publisher of the www.eveselache.Fr website,
hereinafter referred to as "Eveselache
on the one hand,
and any individual visiting or wishing to make a purchase via the www.eveselache.Fr website,
hereinafter referred to as "the customer".
on the other hand
1 Purpose
The purpose of these terms and conditions of sale is to define the contractual relationship between Eveselache and the customer, and the conditions applicable to any purchase made by the customer through the Eveselache merchant site. The acquisition of a good or service through this site implies unreserved acceptance by the customer of these conditions of sale. These conditions of sale shall prevail over any other general or special conditions not expressly approved by Eveselache.
Eveselache reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.
2.Limitations
The www.eveselache.fr site is a sales site reserved for adults. In this context, the customer declares that he/she is of legal age according to the laws of the country in which he/she is residing at the time of purchase. The customer also declares that he/she has reached the age of majority under French law, i.e. at least eighteen years of age, and is fully capable of entering into this contract. The customer further declares that he/she has been informed that the importation of certain erotic products may be prohibited by the laws of the country in which he/she is staying, that he/she has made inquiries on this point and has verified that he/she is in compliance with the laws in force in that country, it being understood that the customer remains solely responsible in the event that his/her order or the delivery of the products ordered is prohibited in the country in which he/she is staying.
3. Characteristics of the goods offered
The products offered by Eveselache are those listed in the catalog published on the site www.eveselache.fr at the time of consultation by the customer. The period of validity of the offer is valid for a minimum of one week.
Each product is accompanied by a description that is as accurate as possible, to which Eveselache pays the utmost attention. However, Eveselache cannot be held responsible for any errors or omissions in this description.
Photographs cannot ensure a perfect similarity with the product offered, particularly with regard to colors. The photographs and associated texts are presented for information only and have no contractual value. Eveselache reserves the right to regularly modify the catalog without prior notice or information to the customer.
4.Price list
The prices shown in the catalog are in euros, inclusive of all taxes, and include the French VAT applicable on the date of the order; any change in the VAT rate may be reflected in the price of the products.
Prices do not include delivery charges. Delivery charges remain at the customer's expense, unless otherwise specified or explicitly mentioned on the customer's order summary.
The period of validity of the prices of each item is a minimum of one week, it being understood however that the price appearing in the catalog at the time of the order will be the only one applicable to the purchaser.
5. Geographical area
Delivery of products offered online on the www.eveselache.fr site is reserved for recipients of goods who reside or are staying in the European Union, French overseas departments and territories, Monaco or the Swiss Confederation at the time the order is placed.
Should the customer require a delivery address outside the aforementioned area, Eveselache requests that the customer contact [email protected] to request a personalized offer.
6. Order
Customers wishing to purchase a product must :
- fill in the identification form, indicating all requested details, in particular the delivery address, or give their customer code if they have one
- fill in the online order form, giving all the details of the products or services chosen
- confirm the order after checking it
- make payment in accordance with the terms and conditions
- confirm order and payment
Confirmation of the order implies full acceptance of the prices and descriptions of the products available for sale.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge of them, and waiver of the right to invoke the customer's own terms and conditions of purchase or any other terms and conditions.
The customer is solely responsible for the accuracy of the data provided, in particular the name of the recipient and the delivery address.
Under no circumstances can Eveselache be held liable in the event of a fault or error in delivery resulting from the provision of incorrect information concerning the recipient or his/her address. All data provided and the recorded confirmation will be considered as proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out. Eveselache will communicate by e-mail confirmation of the order recorded. The sale will be considered final after sending the customer order confirmation by e-mail, and receipt by Eveselache of the full price.
Eveselache undertakes to honor orders received online on its website within the limits of available stocks. In case of unavailability of a product, Eveselache undertakes to inform the customer as soon as possible.
7. Withdrawal
Customers, non-professional physical persons, benefit from a withdrawal period of 14 clear days from receipt of their order to return the product to the seller for exchange or credit without penalty, with the exception of return costs, and provided that the product is returned new, never worn or used, and in its original unopened packaging. Returned items will be reimbursed, exchanged or given a credit note at the customer's discretion, in accordance with article L.121-20.
All sex toys and underwear are excluded from returns for reasons of hygiene and in accordance with the law: Article L1311-1 of the French Public Health Code Amended by Law n°2004-806 of August 9, 2004 - art. 54 JORF August 11, 2004
Return parcels for European orders are to be sent to our French logistician :
ECOMIZ LOGISTIK
39 rue de jouy
77970 BANNOST
FRANCE
7bis. Customer service
Email and telephone customer service for Europe is delegated to our service provider ECOMIZ FRANCE 39 rue de jouy 77970 BANNOST, FRANCE.
Customer service can be reached by e-mail: [email protected]
By phone Monday to Friday, 9am to 4pm: +33186 95 00 10
8. Payment
Payment is due at the time of ordering.
Payments are made by credit card or via the PayPal secure payment system, or by any other means of payment that may be offered online.
The buyer's account will only be debited once the available products have been dispatched, and only for the amount of the products dispatched, plus the shipping costs stipulated on the order.
An invoice will be sent by e-mail to the customer upon dispatch of the product(s). At the customer's express request at the time of ordering, a paper invoice showing VAT will be provided; this invoice will then be inserted in the parcel concerning the product ordered.
9. Payment security
Eveselache pays particular attention to the security of transactions and the confidentiality of information transmitted during the transaction between the customer and Eveselache.
By means of the PayPal system, the transaction is also secured by an encrypted transmission (Secure Socket Layer) then managed directly by the PayPal operator, independent of Eveselache.
10. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area (see chapter 5).
Delivery times are given for information only and are subject to availability. Eveselache cannot be held responsible for late delivery, whatever the cause of the delay. Consequently, no claim for compensation for late delivery can be made against Eveselache.
The risks are borne by the purchaser from the moment the products have left Eveselache's premises. In the event of damage during transport, the customer must lodge a reasoned protest with the carrier by registered mail with acknowledgement of receipt within three days of delivery.
11. Warranty
All products supplied by the seller are covered by the legal warranty stipulated in articles 1641 et seq. of the French Civil Code.
In the event of proven non-conformity of a product sold, it may be returned to Eveselache who will take it back, exchange it or refund it.
All claims, requests for exchange
or refund must be made by :
e-mail to the address: [email protected]
within fifteen days of the delivery date.
12. Liability
The seller, Eveselache, in the process of selling online, is bound only by an obligation of means; its liability cannot be incurred for damage resulting from the use of the Internet such as loss of data, intrusion, virus, disruption of service or other unintended problems.
Furthermore, Eveselache cannot be held responsible for failure to meet its contractual obligations in the event of force majeure, including, but not limited to, strikes, lockouts, fire, natural disasters, technological or environmental catastrophes, riots, technical breakdowns, and in general any other accidental or fortuitous event preventing the proper execution of the order or delivery.
The content of the www.eveselache.fr website may contain inaccuracies or omissions. This content is regularly modified and supplemented, without prior notice to the customer.
The Eveselache site includes advertising or free links to independent sites over which Eveselache has no control. Eveselache declines all responsibility for the content or use that may be made of these third-party sites.
13. Intellectual property rights
All elements of the Eveselache site are and remain the exclusive intellectual property of Eveselache, with the exception of communication materials, owned by distributors or manufacturers and used with their consent.
No one is authorized to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, elements of the site whether software, visual or audio.
Any simple link or hypertext link is strictly forbidden without the express written consent of Eveselache, which may be withdrawn by Eveselache at any time and without prior notice by letter.
14. Personal data
In accordance with the French Data Protection Act of January 6, 1978, personal data relating to customers may be processed automatically.
Eveselache reserves the right to collect information on customers, including by using cookies. Eveselache undertakes to keep this information confidential and not to pass it on to third parties, whether in return for payment or free of charge.
Customers may object to the archiving of their details by notifying Eveselache. Similarly, users have the right to access and rectify data concerning them, in accordance with the law of January 6, 1978. The automated processing of information on the www.eveselache.fr site, including the management of e-mail addresses of site users, has already been declared to the CNIL by Eveselache (N° 1247094).
15. Archiving - Proof
Eveselache will archive order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the French Civil Code.
The computerized records of Eveselache will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
16. Validity
Should any clause of the present contract be invalidated as a result of a change in current legislation or by a court ruling, this shall have no effect on the other clauses of the present general terms and conditions of sale, which shall remain in full force and effect.
17. Settlement of disputes
The present online sales conditions are subject to French law.
In the event of a dispute, the customer and Eveselache agree to seek an amicable solution before taking any legal action.
In the event of a dispute that cannot be resolved amicably, the competent courts shall have jurisdiction, notwithstanding multiple defendants or the introduction of third parties.