Terms of Sales

1. Legal notices, Personal Data and Cookies

1.1 Legal notices

The site www.passionata.com (hereinafter referred to as the “Site”) is an electronic commerce site published by the Company EMINENCE SAS, a Simplified Joint Stock Company with capital of 22,233,712.20 euros, registered in the Trade and Commerce Register and of the Companies of Nîmes under number 350 169 124, VAT number FR03-350-169-124, hereinafter referred to as “EMINENCE”.

Head office: Route de Gallargues, B.P. 30 – 30470 Aimargues, France

Email: customer-service@passionata.com

Telephone: +33 1 62 16 04 82 (cost of a non-premium local call) from 9 a.m. to 6 pm monday to friday

Publication Director: Robert KIMBERGER

Unique identification number: FR210760_11FILF (Refashion eco-organization), FR210760_01VPQJ (CITEO for the packaging sector), FR210760_03ECFF (Extended responsibility of the paper producer).

The Site is hosted by SHOPIFY Inc., 151 rue O’Connor, Ground Floor, Ottawa, Ontario K2P 2L8 Canada / Contact: Tel: 1-613-241-2828, Email: assistance@shopify.com

1.2 Personal Data

 

The Customer is informed and accepts that personal data concerning him (notably his last name, first name, email address, password, postal address, telephone number, connection and usage data) are collected on the Site and used by EMINENCE (or any third party concerned in the event of restructuring, merger, acquisition, transfer of assets, collective procedure or sale of the EMINENCE Group) who acts as Data Controller within the meaning of law 78-17 of January 6, 1978, as as amended on January 20, 2017 (here inafter the “Informatics and Freedoms Act”).

Customers' personal data may be transmitted to service providers and contractual partners, acting on the instructions of EMINENCE as subcontractors within the meaning of the Data Protection Act, when they intervene and contribute directly to the management of orders and payments. deliveries or the management of Customer reviews, and for which it is absolutely necessary to access the personal data provided by the Customer. EMINENCE is committed to protecting and ensuring the security and confidentiality of the personal data of its Customers in accordance with the Data Protection Act.

Personal data is collected and processed by EMINENCE in a fair and transparent manner, and will only be kept for the time strictly necessary for the purposes determined below.

The Customer also has a permanent right of access, modification, rectification and opposition with regard to information concerning him. These rights may be exercised under the conditions and according to the methods defined below.

1.2.1 Use of personal data

Customers' personal data is used for the following purposes and on the following legal bases:

• For the execution of the contract: access and use of the site by the Customer, verification, identification and authentication of data transmitted by the Customer, management of orders and relations with the Customer, organization of the conditions of use of payment services, management possible disputes with the Client;
• With the Client's consent: statistical analyses, Client information relating to offers and commercial information linked to the brand and prospecting by the EMINENCE GROUP; personalization of services offered to Customers based on browsing history;
• In the legitimate interest of EMINENCE: management of the operation and optimization of the site, implementation of customer assistance, management of customer reviews, prevention and detection of fraud, malware (malicious softwaresor malware), management of security incidents, management or implementation of a restructuring operation, merger, acquisition, transfer of assets, sale or collective procedure concerning the EMINENCE Group.
• For compliance with legal and regulatory obligations;

The Customer's personal data is only kept for the period strictly necessary for the purposes determined above.

Certain longer retention periods may result from legislative and regulatory texts (in particular, but not exclusively, those provided for by the Commercial Code, the Civil Code and the Consumer Code). Certain texts also require that documents/information containing personal data be kept for a specific period of time, for purposes of proof or in anticipation of possible litigation until the action in question has expired. For example, in commercial matters, obligations are prescribed, in principle, by five years if they are not subject to special requirements (article L.110-4 of the commercial code).  EMINENCE is therefore obliged to retain certain personal data beyond the execution of sales contracts although it no longer has use of them in the form of so-called intermediate archives.

1.2.2 Sharing of personal data

Customers' personal data may be shared with third parties in the following cases:

• when the Site uses the services of a subcontractor within the meaning of the Data Protection Act to provide the management of Customer reviews, payment services as well as advertising with the Customer's consent. These subcontractors have limited access to the Client's data, as part of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations. personal character. Regarding payment services, it is specified that EMINENCE is in contact with third-party banking and financial companies that have a system that guarantees secure online payment (SSL encryption) and that EMINENCE does not collect or does not keep Customers’ bank card details;
• when the Customer authorizes a Third Party Site to access his data;
• if required by law, EMINENCE may transmit data to respond to claims made against the site and to comply with administrative and legal procedures;
• if the EMINENCE Group is involved in a restructuring, merger, acquisition, transfer of assets, safeguard or legal recovery procedure or sale, it may transfer or share to the third party concerned all or part of its assets, including personal data without new prior authorization from the Customer.

 

1.2.3 Security and confidentiality

EMINENCE implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Site cannot guarantee the security of the transmission or storage of information on the Internet.

1.2.4. Implementation of Customer rights

 

In accordance with the Data Protection Act, Customers have the following “Computer Rights and Freedoms”:

• Each User has the right to have confirmation that personal data concerning them are processed, to be aware of the purposes of the processing, the category of data used, the recipients of the data or even the duration of retention of the data. Each User also has the right to obtain a copy of the data concerning them in a readable and commonly used format to meet their own needs or when technically possible, to have them directly transferred from EMINENCE to another organization.
• Each User has the right to obtain the updating or rectification of inaccurate or obsolete personal data concerning them.
• Each User has the right to obtain the erasure of personal data concerning them when they are no longer necessary in relation to the purposes for which they are processed, when they withdraw their consent, or when they object to the treatment.
• Each User has the right, for reasons relating to their particular situation, to object at any time to the processing of their personal data concerning them when the processing is based on the legitimate interest of EMINENCE or on the consent of the user.
• Each User has the right to obtain the limitation of processing when he is opposed to it, when he contests the accuracy of the data, when their processing is unlawful, or when he needs it for the establishment, the exercise or defense of one’s rights in court.
• Each User may communicate to EMINENCE specific instructions in which they define the manner in which their IT Rights and Freedoms set out above will be exercised, after their death.

 

To exercise one of these rights, the Customer must send a written request to EMINENCE by post to the following address: EMINENCE, For the attention of the Data Protection Officer, Route de Gallargues – BP 30 – 30470 AIMARGUES or by email to the following address: dpo@eminence.fr

 

Each request must include the Customer's last name, first name, email address and references. Depending on the type of request, valid proof of identity may be requested, in particular to avoid any disclosure of personal data to third parties.

 

The response to the request will be sent in the forms and deadlines provided for by the applicable regulations in force.

1.2.5. Evolution of this clause

EMINENCE reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, EMINENCE undertakes to publish the new version on its site. If the Customer does not agree with the terms of the new wording of the personal data protection clause, he has the possibility of deleting his account.

1.3 Cookies

When consulting the Site, information relating to navigation may be recorded in files “Cookies” installed on the terminal of the User (computer, tablet, smartphone, etc.).

EMINENCE issues these Cookies in order to facilitate the User's navigation on the Site. They can also be issued by the brand's partners or advertisers in order to personalize the advertising offer sent outside the Site. Only the issuer of a Cookie is likely to read or modify the information contained therein. 

Reading or placing certain Cookies requires the prior consent of the User. In this case, EMINENCE has set up a Cookie configuration tool allowing the User to refuse the deposit of cookies linked to targeted advertising, statistical analysis and social networks via the dedicated banner and by continuing your visit to the Site. The User with a Customer account will also be able to find and modify their Cookie preferences in their profile.

Cookies have a lifespan limited to 13 months after their first deposit in the User's terminal equipment.

• Cookies issued by EMINENCE

Cookies installed by EMINENCE on the User's terminal make it possible to recognize the browser used to connect to the Site for the purposes of:

• establish statistics (number of visits, page views, abandonment in the order process, etc.) in order to improve the quality of its services;
• adapt the presentation of its Site to the display preferences of the terminal;
• memorize the information entered, manage and secure access to personal spaces (Customer account, shopping cart);
• provide content in relation to the User's preferences and personalize offers, including advertising, after the User's agreement.

• Cookies issued by third parties

When the User accesses the EMINENCE Site and if it accepts them, one or more Partner Cookies may be placed on the computer via the pages of our Site or via content broadcast in advertising spaces.

The purpose of the cookies placed on the EMINENCE Site by the service providers used by EMINENCE to promote its activities and offers is:

• identify the products viewed or purchased on the Site in order to personalize the advertising offer sent;
• send brand offers by email if the user has authorized it;
• allow the establishment of statistics on the advertisements broadcast.

The issuance and use of Cookies by third parties is subject to personal data protection and privacy policies. EMINENCE has no access to or control over third-party Cookies and acts as a subcontractor within the meaning of the Regulations in force.

However, EMINENCE ensures that said third parties process the data collected on the Site for the needs of the EMINENCE GROUP and in compliance with the Regulations on personal data.

• Configuration elements and settings

 

The User configures the deposit of cookies linked to targeted advertising and statistical analysis via the banner dedicated to cookies during their first connection.

The User can configure their Internet browser so that Cookies are saved in their terminal or are rejected (systematically or depending on the issuer).

The User can also configure their Internet browser so that acceptance or refusal is offered to them before a Cookie is saved in their terminal.

The User can also choose to block or deactivate Cookies by configuring their Internet browser, in accordance with the instructions established by them.

For more details, the user can consult the CNIL website and in particular the page:

https://www.cnil.fr/fr/cookies-et-autres-traceurs-la-cnil-publie-des-lignes-directrices-modificatives-et-sa-recommandation

 

1.4 Intellectual property

Any total or partial reproduction or representation of this site by any means whatsoever, without the express authorization of EMINENCE is prohibited and would constitute an infringement punishable by articles L 335-2 et seq. of the Intellectual Property Code.

The EMINENCE brands as well as the logos appearing on the site are registered trademarks. Any total or partial reproduction of these brands or logos made from elements of the site without the express authorization of EMINENCE is prohibited, within the meaning of articles L.713-2 et seq. of the Intellectual Property Code.

 

2. Purpose

 

This Site allows the company EMINENCE to offer for sale a selection of products and accessories from the EMINENCE brand in particular (hereinafter referred to as “Products”).

The purchase of Products offered on www.eminence.fr is subject to all of these General Conditions of Sale. The language of the General Conditions of Sale is French.

The purchase of products on the Site is reserved for Consumer Customers within the meaning given by law and case law. The Customer declares that he has the legal capacity allowing him to commit under these terms and agrees not to make purchases of products for the purpose of resale.

The Customer declares to have read these General Conditions of Sale before ordering. The General Conditions of Sale are accepted by the Customer each time an order is placed on the Site by checking the box “I have read and accept the general conditions of sale. Validation of the order will result in payment.” This validation at the time of the order constitutes acceptance without restriction or reservation of these General Conditions of Sale and the waiver of any other conditions not expressly agreed between EMINENCE and the Customer.

These General Conditions of Sale can also be accessed, saved and printed by clicking on this link or from the hyperlink contained in the order confirmation email sent to the Customer.

These General Conditions of Sale will be applicable as long as they appear on the Site. EMINENCE may modify and update its General Conditions of Sale at any time. In the event of modification, the applicable General Conditions of Sale will be those in force on the date of the order as formally accepted by the Customer.

3. Products and Prices

3.1 Products

The Site www.eminence.fr allows you to order a selection of products manufactured and/or distributed by the company EMINENCE.

The Customer is invited to consult the description of each Product to find out its essential characteristics (name, definition, characteristics and composition, maintenance recommendations, price, size, availability, etc.), in accordance with article L 111-1 of the Consumer Code.

While taking the greatest care and accuracy in putting information relating to the Products online and updating it, EMINENCE cannot be held responsible in the event of non-substantial error(s), which the Customer acknowledges and accepts.

In any event, in the event of non-compliance of the product delivered with its description on the Site, EMINENCE undertakes to correct this error, the Customer being able to implement EMINENCE's guarantee of conformity under the conditions defined in Article 7.2 hereof.

3.2 Availability

Product offers are valid while stocks last as well as for the period of validity of the offer indicated where applicable. Indications on product availability are provided when choosing the attributes of the item (size or color).  

In the event of product unavailability after placing the order, EMINENCE will inform the Customer by email or telephone as soon as possible. The Customer may choose to cancel the purchase of the unavailable Product. In this case, it will be reimbursed at the latest within 14 calendar days following notification of the Customer's decision, if the account has been debited. EMINENCE will credit the bank card used during the purchase by indicating to its service provider the information relating to the order number.

EMINENCE reserves the right to change the selection of items offered on the Site at any time and without notice.

3.3 Prices

Prices are indicated in Euros, all taxes included and excluding delivery costs, invoiced in addition to the price of the Products purchased. The applicable VAT is that in force in the territory on the date of the order.

EMINENCE reserves the right to change the prices of items offered on the Site at any time and without notice. In the event of a price change, the applicable price will be that in effect on the day of the order.

3.4 Delivery Costs

The delivery area for EMINENCE products ordered on the website www.eminence.fr as well as the applicable costs are detailed in article 5 hereof.

All costs will be indicated to the Customer before validation and payment of their order.

4. Order Process

4.1 Basket

 

The Customer who wishes to place an order chooses the different product(s) by clicking on “Add to cart”.

At any time, by clicking on the “basket” icon, the Customer can:

• check the products contained in your basket and obtain detailed information on each of them: photograph, product name, size, quantity chosen, unit price,
• modify or delete one or more products,
• check the total amount of the order excluding shipping costs and taking into account any discounts or reduction codes available to the customer,

A basket summary is present on each page of the site. This summary provides the Client with the following information:

• number of items in the basket,
• subtotal of the order,
• name, size, quantity, unit price of each product in the basket,
• possibility of modifying or deleting one or more products,
• direct access to the order.

The Customer clicks on the “Validate my basket” button on the Basket page to access the order funnel.

 

4.2 Registration and identification

 

To be able to purchase a product on the Site, the Customer can either create a Customer account or place an order in “Guest” mode.

To create an account, the customer provides the following information:

• Civility
• Name
• First name
• Phone number
• Pays
• email address
• Password

Once the account is created, the Customer receives an account creation confirmation email to the email address indicated.

The Customer can, if he wishes, complete the “My account” section. If he does not do so when creating the account, this section will be completed when entering the information necessary to continue the order, as defined in article 4.3 “Order” of these General Conditions of Sale.

Mandatory data is identified by an asterisk. If these fields are not completed by the Customer, EMINENCE will not be able to process their request, in particular their order.

Subsequently and for any new order, the Customer having opened a customer account will identify himself using his email address (username) and his password, the confidentiality of which he will be responsible for preserving, by clicking on the “Identification” icon.

The Customer also has the option of placing an order in “Guest” mode, in accordance with the ordering process detailed below.

4.3 Order

4.3.1 Identification

The previously identified Customer or the Customer wishing to place an order in “Guest” mode must provide the following information:

• Billing address : title, surname, first name, address, postal code, city, telephone number (mandatory for organizing delivery), email address,
• Delivery address: identical or not to the billing address,
• Delivery method : delivery to the address indicated with or without an appointment or collection from a partner relay.

The information communicated by the Customer when opening his Customer account or during each of his orders must be complete, accurate and up to date. Otherwise, EMINENCE will not be able to execute the orders. If the Client does not wish to communicate such information, EMINENCE will not be able to respond favorably to his request.

4.3.2 Verification and Validation of the Order

Verification of the order : the Customer checks the Order Summary containing the information of the items placed in the Basket (product name, size, price, quantity, subtotal, promotion, delivery costs, reduction code, total price).

If he wishes, the Customer can still modify his order and delete or add Products.

Confirmation of the order : After having read the General Conditions of Sale made available to him, the Customer checks the words “I have read and accept the general conditions of sale. Validation of the order will result in payment.” and validates his order by clicking on the “Pay for order” icon.

Acceptance by the Customer entails validation of the entirety of the general conditions of sale, the order and makes the sums due payable.

As soon as the Customer validates the order, it is processed by EMINENCE. As long as the order has not been shipped, it can be canceled. To cancel the order, the Customer contacts EMINENCE e-boutique Customer Service in accordance with the terms of article 8 hereof.

EMINENCE reserves the right not to validate the order or to cancel it in the following cases (in the latter case, EMINENCE will inform the Customer by email):

• if the delivery address is outside the delivery area,
• if there is an existing dispute with the Customer,
• if there has been total or partial non-payment of a previous order by the Customer,
• if there is refusal of authorization for payment by bank card from banking organizations,
• If EMINENCE reasonably believes that the Customer has violated the General Conditions of Sale or that he has engaged in fraudulent activity, or for any other legitimate reason.

4.3.3 Payment

Any order placed on the Site must be paid by the Customer by debiting their bank account, immediately after acceptance of the General Conditions of Sale and validation of the order.

The total price of the order (payable in Euros) due by the Customer is the amount indicated on the order summary, and includes delivery costs.

EMINENCE accepts the following payment methods:

• Paypal®
• Bank cards: Carte Bleue®, Visa®, Visa Electron®, Maestro® and Master Card®, American Express
• Electronic bank cards.

The Customer chooses the payment method. He will then be automatically directed to his PayPal account or to the bank payment module made available by the EMINENCE Service Provider.

To this end, the Customer guarantees to EMINENCE that he is indeed the holder of the bank card and that the name appearing on this bank card to be debited is indeed his own then communicates, in a secure environment on the Internet, the sixteen-digit number and the expiration date of their bank card, as well as the visual cryptogram numbers appearing on the back of their bank card.

EMINENCE has set up a system that guarantees secure online payment. This is secured by S.S.L (Secure Socket Layer) encryption which protects all data linked to means of payment.

In order to fight against Internet fraud and offer you optimal security during your transactions, a check will be carried out online with the competent banking establishments and organizations using the 3D Secure system, at no additional cost. This authentication payment system verifies the identity of the card user. In this context, you may be required to transmit personal information (code received by SMS, date of birth, response to a personal question, etc.).

It is specified that EMINENCE does not collect or store the Customer's bank card details.

The products ordered remain the property of EMINENCE until full receipt of the price by EMINENCE.

4.3.4 Acknowledgment of receipt of the order

When payment is made, an email, hereinafter referred to as “Order Confirmation”, is sent to the Customer to the email address indicated when ordering on the website. This email includes all the constituent elements of the contract between the Parties and contains a link to these General Conditions of Sale.

The Customer may keep this email and/or print it. The Customer must immediately report to EMINENCE e-boutique Customer Service any errors and/or omissions contained in this summary (see Article 8 – E-boutique Customer Service).

In addition, the Customer who has created a customer account has the possibility of accessing the history of his orders and invoices by clicking on the “My orders” link in the “My Account” section.

 

5. Delivery

DELIVERY ZONE	DELIVERY METHODS	PRICES	TIME LIMIT	FREE SHIPPING
France	Relay point Colissimo without signature Colissimo with signature	4,50 € 4,90 € 5,70 €	3 to 5 working days*	From 60 € purchase

 * for an order placed from Monday to Friday

• • Delivery to the address chosen by the Customer – COLISSIMO with or without signature

  When the Customer chooses this delivery method, the order is delivered by hand to the Customer with or without signature depending on the delivery method chosen by the Customer. In the event of absence, the order will be delivered to mailboxes or, if this is not possible, to the post office. You therefore have 15 working days from the arrival of your package at the post office to collect it.

  After this time, it will be returned to sender.

   

  • Delivery to relay point

  The Customer who chooses delivery to a relay point chooses the relay point of their choice using the interactive map of the delivery module. The Customer has the possibility of consulting detailed information about each relay point.

  As soon as their package arrives, the Customer is notified by email.

   

  Delivery times run from the day following confirmation of the order by Eminence. It is specified that shipments take place from Monday to Friday inclusive. The Customer can follow the progress of the delivery of their order in the “My account” - “My Orders” section. Once the order has been shipped, the Customer is informed by email and can follow the progress of the delivery using the identifiers communicated to them.

  Upon receipt of the order, the Customer will check the conformity of the Products received in execution of his order. Any apparent reservation must be notified in handwritten form on the delivery note presented by the carrier (namely: Missing or damaged products).

  Any complaint relating to receipt of the order must be made to EMINENCE e-boutique Customer Service under the terms of Article 8 hereof. Except for legitimate reasons, any relative complaint made beyond the period of 15 calendar days will be considered inadmissible and EMINENCE cannot be held liable.

  If the Customer wishes to return the non-compliant or defective Product(s), the procedure defined in article 7.2 applies.

  In the event of abnormal or abusive returns, EMINENCE may refuse to proceed with the exchange or refund and to validate a subsequent order.

6. Legal guarantees

7. Return and refund

7.1 Exercise of the right of withdrawal

 

In accordance with articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 calendar days to return the Product(s) ordered, without having to provide reasons. . This period runs from the date of receipt of the Product(s) or the date of their collection from a relay point. 

Return costs are the responsibility of the Customer, in accordance with article L. 221-23 of the Consumer Code. These costs amount to:

• 90€ for France;
• 7€ for Belgium and Luxembourg.

To exercise this right of withdrawal, the Customer has the following means:

• For Customers who have created a customer account: complete the form available in the "My Account" - "My Orders" section - select the order concerned and click on "Request a return". Choose the Product(s) to return.

For Customers who have placed an order in “Guest” mode : click on the link at the bottom of the page of the site “Return request”, enter the order number received during the order confirmation and the email address used when ordering.

An email confirming receipt of the return request is sent to the Customer. After validation of the return request by Eminence, a return label will be sent to the contact email address.

• Print, complete and send to EMINENCE the standard withdrawal form reproduced in the appendix hereto and available here,
• Send to EMINENCE an unambiguous declaration expressing your desire to withdraw, specifying in particular the order number, the article references as well as the identity and contact details of the applicant.

The written withdrawal request must be sent to EMINENCE by post or electronic mail. If applicable, an acknowledgment of receipt of the withdrawal as well as a return slip will be sent within 48 working days to the Customer to the email address indicated when registering on the website.

The Customer does not have to provide a reason to exercise his right of withdrawal. However, he can, if he wishes and in order to contribute to improving the quality of EMINENCE service, choose to indicate one.

The Customer must, within 14 days following their request, return at their own expense and risk the Product(s) ordered to the company EMINENCE in perfect condition, in their packaging(s) and packaging(s), with the original cardboard size label. The Product(s) must be accompanied by the return slip sent by EMINENCE where applicable and the delivery slip provided in the package. Items returned incomplete, damaged, worn, damaged, used or soiled will not be refunded. Accessories that are an integral part of the finished product must also be returned.

If all the aforementioned conditions are met, EMINENCE will reimburse the Customer for the full amount paid when ordering, including the initial delivery costs, less the return costs payable by the Customer indicated above. EMINENCE will make the reimbursement within a maximum period of 14 calendar days from receipt of the returned products or from the customer's provision of proof of their shipment, the date chosen being that of the first of these facts.

EMINENCE will proceed with the reimbursement by crediting the means of payment used during the purchase, indicating to its service provider the information relating to the order number.

In the event that the conditions for exercising the right of withdrawal described above have not been respected (in particular for a return beyond 14 days) while the product has been returned by the Customer to EMINENCE, the Customer may again receive at its own expense the products it has returned in the condition in which they were returned to EMINENCE.

7.2 Product(s) not in conformity with the order or defective

In the event of non-compliant or defective product(s), the Customer makes a return request according to the procedure described in article 7.1 above.

The costs of returning the Product(s) are the responsibility of EMINENCE. The return must be made either by post, by deposit in your mailbox or at a Colissimo relay point using the prepaid return label sent by EMINENCE after validation of the return request. It is the Customer's responsibility to keep all proof of this return.

The Product(s) must be returned to the company EMINENCE in perfect condition, in its packaging(s) and packaging(s), provided with the cardboard size label of origin. The Product(s) must be accompanied by the return slip provided by EMINENCE when validating the return request and the delivery slip provided in the package. Items returned incomplete, damaged, worn, damaged, used or soiled will not be refunded. Accessories that are an integral part of the finished product must also be returned.

As repair of the product is not possible, EMINENCE will exchange the non-compliant product as soon as possible.

 

8. Service Clients e-boutique

For any questions or complaints relating to the product(s) ordered, their receipt, the implementation of the right of withdrawal or the guarantee of conformity, the Customer has the possibility of contacting the Service EMINENCE e-boutique customers:

• by telephone 04 66 73 65 92 (cost of a non-premium local call) from 9 a.m. to 12 p.m. and from 1:30 p.m. to 5 p.m.
• or by email to the following address: customer-service@passionata.com

The Customer also has the possibility of using the contact form made available to him on the Site.

 

9. Transfer of risks

The Customer assumes the risks (in particular loss, theft or deterioration) concerning the products delivered from the date of delivery.

 

10. Limitation of liability

EMINENCE cannot be held responsible for non-performance of the contract due to a case of force majeure, disruption or total or partial strike, particularly of postal services and means of transport and/or communication.

EMINENCE cannot be held responsible for any indirect damage resulting from the purchase of EMINENCE Products on the site.

EMINENCE disclaims all liability if the purchase made online is made by a minor.

EMINENCE declines all responsibility:

• for any interruption of the site,
• for any occurrence of bugs,
• for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the site,
• for non-substantial errors and defects relating to the products,
• for the inability to contact Customer service and/or access the Site.

 

11. Absence of waiver/Partial non-validity

The fact that EMINENCE refrains from requiring at a given time the execution of any of the provisions of the general conditions of sale cannot be interpreted as a waiver to subsequently invoke said total or partial non-performance.

If one or more stipulations of this contract are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

 

12. Force majeure

The execution by EMINENCE of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution. Are considered as such, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, total or partial strikes, including transport, of all kinds, interruption of production, interruption of the supply of energy and/or electricity and supply problems of EMINENCE.

EMINENCE will inform the customer of a similar fortuitous event or force majeure within fourteen days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the Customer would then have the possibility of canceling the current order, and it would then be reimbursed under the conditions set out above.

 

13. Applicable law and competent jurisdictions

These general conditions of sale as well as the contractual relations between the Customer and EMINENCE are governed and interpreted in accordance with French law.

Any dispute relating to the interpretation, execution or breach of contract concluded between the Client and EMINENCE, even in the event of multiple defendants, will be submitted to the competent courts. EMINENCE and the Client, however, undertake to seek an amicable solution before any legal action.

 

14. Mediation

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, [la société] adheres to the mediation service of the Consumer Mediation Center of Conciliators Justice (CM2C) whose contact details are as follows: 14 rue Saint-Jean - 75017 Paris.

 After a prior written procedure to the professional, the CM2C can be entered either:

•Online, by clicking on the following link: https://www.cm2c.net/declarer-un-litige.php and by completing the form accompanied by supporting documents,

•By mail, to the address indicated above,

•By email to the following address: cm2c@cm2c.net.

 In addition, the European Commission has set up a dispute resolution platform intended to collect possible complaints from consumers following an online purchase in order to then transmit them to the competent national mediators. This platform is accessible by clicking on the following link: http://ec.europa.eu/consumers/odr/.

 

Withdrawal

You have the possibility of withdrawing from your order. You will need to download the form in pdf and return it completed and signed to the address indicated on the form.