General Conditions of Sale and Use
Site www.esquif-store.com - January 2020
We invite you to read these Conditions of Sale and General Conditions of Use of the esquif-store.com site carefully.
Terms of Sales
1. Identification of the seller
These General Conditions of Sale are those of ESQUIF, trademark registered by the company ESOPE EA Scop Sarl, a company with variable capital of € 41,500, whose registered office is located
113 bis route du Chateau d'Eau - ZE de la Braconne - 16600 Mornac - France, registered in the Angoulême Trade and Companies Register under number 453 456 493. Its Siret number is 453 456 493 00023 and its number is Intra-community VAT is FR72 453 456 493.
His telephone contact details are as follows: +33 (0) 5 45 91 06 16.
2. Scope
The purchase of products offered on esquif-store.com is subject to these General Conditions of Sale.
Orders placed on the esquif-store.com site are reserved for individuals and companies "final buyers" other than for resale. ESQUIF products are exclusively intended to be sold to final consumers, to the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, the customer asserts that he acts as an end consumer and that he does not intend to resell ESQUIF products for a commercial purpose.
ESOPE can update these General Terms and Conditions at any time. You can read the version of the General Conditions of Sale in force at any time by clicking on the link "general conditions of sale and use". The General Conditions of Sale in force at the time of conclusion of the contract are those which are enforceable against you and are those which prevail over the general conditions of purchase of the buyer.
In addition, each time you place an order on the esquif-store.com site, you will be asked to confirm your acceptance of these General Conditions of Sale in force on the date of placing your order.
3. Order terms
The esquif-store.com site allows you to order from ESOPE a selection of ESQUIF brand products immediately online via the Internet for delivery to the United Kingdom, mainland France, including Corsica, the Principality of Monaco, Germany, Switzerland, Belgium, Luxembourg, the Netherlands (excluding the Netherlands Antilles and Aruba), Spain (excluding the Canary Islands), Italy, the Ireland, Austria, Finland, Denmark and Sweden (see "Delivery and pick-up area"). (Non-exhaustive list)
For any special order, we thank you for contacting our Customer Service by clicking on the "contact" link or by telephone on +33 (0) 5 45 91 06 16, Monday to Friday (excluding public holidays), from 9 hours to 5 p.m.
4. Availability
Our product offers and prices are valid as long as they are visible on the esquif-store.com site, while stocks last. Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same product by several customers. In the event of unavailability of a product after placing your order, we will inform you by e-mail or by telephone as soon as possible, by offering to either order another article presented on the esquif-store.com site. instead of canceling your order.
ESOPE does not incur any responsibility in the event of stock shortage or unavailability of products.
ESOPE reserves the right to change at any time and without notice the items offered on the esquif-store.com site In order to ensure a better quality of service and availability of our products to all customers of the esquif- site store.com, ESOPE reserves the right to limit the quantity of products that can be purchased by a customer, in accordance with the provisions applicable in this area and in particular those of Article L122-1 of the French Consumer Code.
5. Finalization of order
You must verify the accuracy of your selection before confirming your order. If all efforts are made to ensure that the color and pattern of the ESQUIF products whose photos are displayed on the esquif-store.com site are faithful to the original products, variations may occur, in particular due to the technical limitations of rendering colors on your IT equipment. Consequently, ESOPE cannot be held responsible for errors or non-substantial inaccuracies in photographs or graphic representations of ESQUIF products appearing on the esquif-store.com site. If you have questions about the products, you can of course contact our Customer Service.
Once the products have been selected, click on "Next".
You will then have to either create an account or connect to a previously created customer account.
If you do not have an account: you will be asked to create your own password for future use of this account.
You agree, under your sole responsibility, to keep these identifiers confidential and never to communicate them to third parties. Consequently, any purchase made using these identifiers will be deemed to be made by yourself as the holder of these identifiers. In the event of loss, theft or any fraudulent use of your password, you agree to immediately inform esquif-store.com.
If you already have an account: you will be asked for your email address and password to allow your authentication.
Your account allows you to:
- follow your orders,
- follow your return requests,
- save billing and delivery information for a next order,
- manage your subscription to the newsletter,
- modify your personal information.
You can deactivate your account at any time by sending an email to Customer Service by clicking on the "contact" link. After deactivation of your account, you are free to create a new account at any time.
The data recorded by the esquif-store.com site constitutes proof of all of the transactions between ESOPE and its customers. In the event of a conflict between ESOPE and one of its customers on a transaction made on the esquif-store.com site, the data recorded by ESOPE are considered as irrefutable proof of the content of the transaction.
Any order over the Internet requires that you provide accurate and complete information at the time of the order. The information requested will relate to: civility, name, first names, telephone, e-mail address, password, billing and delivery addresses if your billing address is eligible (see "Delivery area").
At the end of the ordering process and, by accepting all of these General Conditions of Sale and Use and the Privacy Policy of the esquif-store.com site. you are invited to choose the method of payment for your order
The sale will be final when you click on the desired means of payment.
After acceptance of the general conditions of sale and use, your payment is then authenticated and secure thanks to the 3D Secure system (via "Verified by Visa®", or "Paypal"). A new page will appear on which you will have to enter the personal information requested by your bank in order to finalize your payment. For more information on the 3D Secure payment procedure, please refer to the "Price - Payment" paragraph.
Once completed, your order is sent to ESOPE for processing.
ESOPE reserves the right not to accept an order from a customer with whom it is in dispute for a previous order, or if ESOPE reasonably believes that this customer has breached these General Conditions or that he has engaged in a fraudulent activity, or for any other legitimate reason.
A summary of your order will be sent to you by e-mail. The acknowledgment of receipt will include the description of the ESQUIF products selected, the quantity, the price and the amount of the shipping costs.
We advise you to keep this acknowledgment of receipt on paper or electronic media.
Pursuant to article L134-2 of the Consumer Code, when an order relates to an amount equal to or greater than 120 Euros, ESOPE keeps the written document which confirms the contract concluded between ESQUIF and a customer by electronic means during a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years from this (in accordance with decree 2005-137 of February 16, 2005). You then have access to this document at any time, upon request made to Customer Service by telephone on +33 (0) 5 45 91 06 16, Monday to Friday (excluding holidays), from 8:30 a.m. to 5.30 p.m., or by e-mail by clicking on the "contact" link; and the justification of your identity.
6. Price - Payment
The prices of ESQUIF products are indicated in Euros, all taxes included. Apart from the reimbursement cases provided for below (see "Returns - Refunds"), ESOPE will not reimburse the VAT applied on purchases made on the esquif-store.com site (even in the case where the buyer, after receipt , forwards ESQUIF products to a country outside the European Union). The amount of your order includes the delivery costs depending on the option chosen (see "Delivery area").
ESOPE reserves the right to modify the prices of the products offered on the esquif-store.com site at any time and without notice. The products are invoiced on the basis of the prices displayed on the esquif-store.com site at the time of placing your order, subject to the availability of the products ordered at this time.
All orders are payable in euros. The bank cards accepted are: MasterCard®, Visa®, Carte Bleue®, e-card®, Maestro®, Visa electron, Paypal®. Payments are authenticated and secure thanks to the 3D Secure system. This device is also known under the names of “Verified by Visa®”, “MasterCard® Secure Code. During payment, the bank requests personal information from the internet user to verify the identity of the card holder and to validate the transaction.
How to pay with 3D Secure on esquif-store.com?
After validation of your bank details (card number, expiration date and cryptogram), a new page will appear on which you will have to enter the personal information requested by your bank. This information can be:
- the answer to a personal question,
- a password that you have chosen beforehand,
- a code sent by SMS,
- your date of birth ...
Once the 3D Secure code has been entered and validated by your bank, your order is finalized. You will then receive a confirmation email.
Authentication is specific to each bank. For any questions regarding your 3D Secure code, we invite you to contact your bank directly.
Shipping of your order takes place only after verification of your payment method and receipt of the debit authorization for your card.
The debit from your bank card or credit card only takes place when your order is shipped. In the event of unavailability of certain items ordered (see "Availability"), only the price and transport costs relating to the available products will be debited.
You can also pay for your order by bank transfer or check. We only accept checks issued in France. For any payment by check, we invite you to send it with the order number to the following address:
ESOPE / esquif-store.com
113 bis route du Château d'Eau - ZE de la Braconne - 16600 Mornac - France
The order will be validated and dispatched by our services upon acceptance of the check provision by our bank.
7. Retention of title
The products ordered remain the property of ESOPE until full collection of the total amount by ESOPE.
On the other hand, you assume the risks (in particular of loss, theft or deterioration) concerning the products delivered from the moment you take possession of them during delivery.
8. Delivery area
In mainland France and overseas territories (Guadeloupe (including St Barthélémy and St Martin), Martinique, Reunion, Guyana, Mayotte and St-Pierre-et-Miquelon).
Germany, Belgium, Luxembourg, Netherlands, Austria, Spain (excluding specific territories), Portugal (excluding specific territories), United Kingdom, Ireland, Italy, Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia , Slovenia, Sweden, Switzerland. Specific territories of Spain (Balearic Islands, Canaries, Ceuta, Melilla), Bulgaria, Cyprus, Croatia, Finland, Greece, Iceland, Malta, Norway, Romania.
The products are sent to the delivery address (s) that you indicated during the ordering process
9. Transport costs
Delivery against recipient's signature.
As part of the order procedure, the default shipping method is Standard delivery by "Colissimo". Shipping costs are calculated automatically based on the products chosen and the geographic delivery area. This amount will be payable by you in addition to the price of the products purchased.
Rates applicable in mainland France: € 10 incl.
Applicable rates: DOM-TOM and Europe: 15 €
For any further information, we invite you to contact our Customer Service.
10. Delivery times
For deliveries to a postal address:
During the ordering process, we tell you the possible shipping times for the products purchased and the delivery country chosen.
The delivery times are those indicated by Colissimo. For a departure within the day of the order, the order must be confirmed before 1 p.m. on working days.
Metropolitan France: 48 hours (indicative deadline in working days).
Overseas: between 5-7 working days (indicative deadline).
Other member countries of the European Union, Iceland, Norway and Switzerland: between 3-8 working days (indicative time).
For all other countries, please contact our "Customer Service".
In case of return, the order must be perfectly conditioned in its original packaging.
For any questions, contact our Customer Service.
11. Delivery problems
Any defect or delay in delivery greater than eight (8) working days must be reported to our Customer Service as soon as possible. Any complaint made beyond thirty (30) calendar days after the date of validation of your order cannot be taken into account.
You must check the conformity of the goods at the time of delivery and indicate, if possible on the delivery slip, in the form of handwritten reservations accompanied by your signature any anomalies noted (open package, damaged product etc.).
You must then contact Customer Service by e-mail, by clicking on the "customer service" link, or by phone at +33 (0) 1 49 92 38 92, Monday to Friday (excluding holidays), from 10 am 30 to 18:30. In case of non-conformity of the products purchased or if they do not give you satisfaction, you can return them and request a refund under the conditions provided for in the section "Returns - Refunds".
12. Right of withdrawal
You have a legal right of withdrawal that you can exercise under the conditions provided for in articles L121-20, L121-20-1 and L212-20-2 of the consumer code, if you meet the conditions set out by these provisions , without having to justify reasons and without having to pay penalties.
The general refund policy of ESOPE allows you to retract within 14 days from the date of delivery of the products, without having to justify reasons and without having to pay a penalty.
As part of the exercise of the right of withdrawal, you can return the product (s) purchased by requesting a refund under the conditions provided in the section "Returns - Refunds".
13. Returns - Refunds
In the event of non-conformity of the product or within the framework of your right of withdrawal, you can request the refund of the product under the following conditions.
From esquif-store.com:
You have the option of returning any product ordered on the esquif-store.com site for a refund request within fourteen (14) calendar days from the date of delivery. Returned products must be in their original condition and packaging, accompanied by their purchase invoice or a copy in the event of partial return.
The return of a product, in the event of a refund request, is chargeable. To do this, you must return the items to us via a carrier of your choice. Log into your account and click on "My product returns".
For gifts ordered by a customer from the esquif-store.com site for the benefit of another person, the recipient of the gift may not request reimbursement from esquif-store.com. Only the customer who purchased from esquif-store.com may request a refund under the right of withdrawal.
A product ordered on the esquif-store.com site and having been the subject of a personalized marking at your request cannot be returned for a refund.
For your returns, please contact our "customer service" who will record your return. You can then return your package to the following address:
AESOP
Customer service
113 bis route du Château d'Eau - ZE de la Braconne - 16600 Mornac - France
In the event of a request for reimbursement, it will in any event take place no later than fourteen days after notification of your right of withdrawal.
In no case will it be possible to assign you an electronic credit usable on the esquif-store.com site.
In the case of a refund request made under the right of withdrawal, the delivery costs invoiced by ESOPE will be reimbursed to you.
ESOPE is free to decide whether the products are in their original condition when they are returned to esquif-store.com.
As part of a refund, ESOPE can credit your bank card to you.
14. Legal guarantee of conformity and hidden defects
The products sold on the esquif-store.com site are subject to the conditions of legal guarantees provided for by articles L211-4, L211-5 and L211-12 of the Consumer Code as well as by articles 1641 and 1648 of the Civil Code:
Article 1641 Civil Code
The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.
Article 1648 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, in the year following the date on which the seller can be discharged of apparent defects.
Article L211-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L211-5 of the Consumer Code
To comply with the contract, the product must:
1 ° Be suitable for the use normally expected of a similar item and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model,
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
15. Limitation of liability
In no case can ESOPE be held responsible for any indirect, incidental, special or incidental damage, and in particular, without being limiting, operating loss, loss of profit or chance resulting from the purchase of ESOPE products on the esquif-store.com site.
16. Applicable law - Disputes
These General Terms and Conditions of Sale are governed by and interpreted in accordance with French law in accordance with EC Regulation 593/2008 of June 17, 2008. These General Terms and Conditions of Sale do not preclude the esquif-store.com website from complying with a provision of public order existing in the regulations of the country of the European Union from which the customer ordered, provided that he is also domiciled there. These General Conditions of Sale are written in French. In the event of a dispute, in accordance with the provisions of Regulation No. 44/2001 of December 22, 2000:
- you can seize either the court of the place where you are domiciled, or the French courts,
- ESOPE can seize the court of the place where you are domiciled.
ESOPE reserves the right to request and obtain injunctions or orders for the defense of its rights hereunder.
Terms of Service
The esquif-store.com site is administered by ESOPE. ESOPE publishes the esquif-store.com site.
ESQUIF is a trademark registered by the company ESOPE EA SCOP Sarl, whose head office is located at 113 bis route du Château d'Eau - ZE de la Braconne - 16600 Mornac - France. The use of the esquif-store.com site and the purchases of products offered on esquif-store.com are subject to these General Conditions of Use for the esquif-store.com site ("General Conditions of Use"). By using the esquif-store.com site, you acknowledge that you have read, understood and unreservedly accept these General Conditions of Use. Similarly, by using the esquif-store.com site you acknowledge the confidentiality clauses of the esquif-store.com site (see "Security and Confidentiality").
ESOPE may at any time modify and update these General Conditions of Use and the Privacy Policy. The General Conditions of Use and the Privacy Policy in force at the time of using the esquif-store.com site are those which are enforceable against you.
We advise you to keep regularly informed of the conditions in force. You can read the version of the General Conditions of Use or the Privacy Policy in force at any time by clicking on the "contact" link.
1. Security and confidentiality
The Privacy Policy of the esquif-store.com site (see “Privacy Policy”) governs the use of personal information that you agree to communicate to ESOPE on this site. ESOPE may modify its Privacy Policy at any time, as provided in this document.
The esquif-store.com site is not intended for minor children.
2. Intellectual property
All the elements (drawings, models, illustrations, images, soundtracks, texts, logos, brands ...) constituting the esquif-store.com site are the exclusive property of ESOPE. With the exception of the exceptions expressly provided for in the General Conditions of Use, you are prohibited from reproducing in whole or in part, by any process whatsoever, distributing, publishing, transmitting, modifying or selling all or part of the content of the esquif-store.com site, or of creating derivative works from it.
The brand "ESQUIF", as well as all other brands and logos related to ESQUIF, whether registered or not, displayed on the esquif-store.com site, as well as the domain name "esquif-store.com" are and will remain the property exclusive to ESOPE. Any reproduction, distribution, transmission, modification or use of these brands without the express prior agreement of ESOPE, for any reason whatsoever, is prohibited.
You are prohibited from deleting any copyright, trademark or other exclusive rights notice from the esquif-store.com site or any content contained therein. You can make a single copy of the Internet pages published on the esquif-store.com site for your private, personal and non-commercial use, provided that any copy of these Internet pages preserves all the mentions of “copyright” ) and the exclusive rights therein.
3. Links
The esquif-store.com website may contain links to third-party websites not published or controlled by ESOPE. Such links are provided for convenience only; they cannot and should not be interpreted as an express or implicit endorsement of these sites, their content or any product or service offered there.
You can only set up a link to the esquif-store.com website with the express written consent of ESOPE.
4. Limitation of liability
ESOPE can in no way be held liable vis-à-vis you or a third party for any indirect, incidental, special or incidental damage - which includes, without being exhaustive, any loss of profit or other indirect loss -, resulting from your use of the esquif-store.com site or your inability to use it. This limitation of liability applies to the fullest extent permitted by law.
5. Absence of warranty
ESOPE cannot guarantee and assert:
- that the esquif-store.com website is free from viruses, data overwriting programs, Trojans or other destruction material,
- that the information contained in the esquif-store.com site is exact, complete or up to date.
The esquif-store.com site may contain technical inaccuracies or other defects, ESOPE does not guarantee the correction of these defects. The esquif-store.com website and the content of this site are presented "as is" and "depending on availability". ESOPE expressly excludes any form of guarantee, and in particular, any implicit guarantee relating to the usual conditions of use of the esquif-store.com site or the suitability of the site for normal or specific use, its quality or compliance with all legal provisions. This limitation of liability applies to the fullest extent permitted by law.
6. Applicable law - Disputes
These General Conditions of Use are governed by and interpreted in accordance with French law in accordance with EC Regulation 593/2008 of June 17, 2008. These General Conditions of Use are written in French. In the event of a dispute, in accordance with the provisions of Regulation No. 44/2001 of December 22, 2000:
- you can seize either the court of the place where you are domiciled, or the French courts,
- ESOPE can seize the court of the place where you are domiciled.
ESOPE reserves the right to request and obtain injunctions or orders for the defense of its rights hereunder.