www.elisa-ness.fr (“the site”) is published by the company ELISA NESS, a simplified joint stock company with a capital of 1000 €, whose registered office is 8-12 Place de l’école, 68000 COLMAR, registered at Colmar Trade and Companies Register under number 828 547 737 including intra-community VAT number FR 84 828547737.
Application of the General Conditions of Sale
The general conditions of sale (the “GTC”) detailed below apply to all orders for products and services (the “Products”) placed via the site with ELISA NESS by any person (the “Customer”).
The Customer must be aware of the GTC prior to any order (the “Order”), the GTC being available on the site.
ELISA NESS reserves the right to adapt or modify these T & Cs at any time. The version of the GTC applicable to any sale is the one appearing online on the site www.elisa-ness.fr at the time of the Order. Consequently, the fact of placing an Order requires the full prior acceptance and, without reservation, of the GTC by the Customer by clicking on the button “I have read and I accept the general conditions of sale”.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the sector of distance selling and the sale of craft products whose companies have sap in France.
Site information and site accessibility
www.elisa-ness.fr is an e-commerce site owned and operated by ELISA NESS.
The site is accessible to all users of the Internet network in principle 24 / 24h, 7 / 7d, except interruption, programmed or not, by ELISA NESS or its service providers, for the needs of its maintenance and / or security or in case of force. major (as defined below). ELISA NESS cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the site.
ELISA NESS does not guarantee that the Site will be free from anomalies, errors or bugs, or that the Site will operate without breakdown or interruption. In this regard, he may determine freely and at his entire discretion any period of unavailability of the Site or its content. ELISA NESS can also not be held responsible for problems with data transmission, connection or unavailability of the network.
ELISA NESS reserves the right to modify the Site, for technical or commercial reasons. When these changes do not substantially and negatively alter the conditions for the provision of services, the Customer may be informed of the changes made, but their acceptance is not sought
Registration on the site
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer’s information (the “Account”).
The Customer’s registration on the Site is validated by ELISA NESS after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient’s contact details, ELISA NESS cannot be held responsible for the inability to deliver Products.
By registering on the Site, the Customer declares and guarantees to ELISA NESS that he is of legal age and has the legal capacity to contract.
ELISA NESS may delete the Client’s Account at any time, for any reason, at its sole discretion.
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever the origin, does not engage the responsibility of ELISA NESS. As such, ELISA NESS cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
ELISA NESS takes the greatest care in the presentation and description of its Products to best satisfy the Customer’s information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
ELISA NESS draws attention to the fact that photographs cannot ensure a perfect similarity with the product offered for sale, especially with regard to colors.
ELISA NESS does not guarantee the accuracy or security of information transmitted or obtained through the Site.
It is possible that the Customer will receive, following an Order, a part previously returned by another person. It is specified that ELISA NESS only accepts the return of undamaged and unworn Products, these two conditions being checked before returning the returned Products to stock.
Refusal to process an order
ELISA NESS reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the Site. Despite ELISA NESS‘s best efforts to meet the expectations of its customers, the latter may have to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
ELISA NESS cannot be held responsible towards the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order. after sending the confirmation email summarizing the Order.
ELISA NESS also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud
Ordering on the Site is subject to compliance with the procedure set up by ELISA NESS on the Site comprising successive steps leading to the validation of the Order.
The Customer can select as many Products as he wishes which will be added to the basket (the “Basket”). The Basket summarizes the Products chosen by the Customer as well as the related prices and costs. The Customer may freely modify the Basket before validating his Order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the GTCS, the Products purchased, their price and the associated costs.
A confirmation e-mail summarizing the Order (Product (s), price, availability of Product (s), quantity, etc.) will be sent to the Customer by ELISA NESS. To this end, the Customer formally accepts the use of electronic mail for confirmation by ELISA NESS of the content of his Order. Invoices are available in the “my account” section of the Site.
In certain cases such as non-payment of the order, incorrect addresses or other problems, ELISA NESS reserves the right to block an order until the problem is resolved.
Price and method of payment
Product prices are indicated on the Site in euros, including VAT, but excluding customs charges and other taxes. Customs charges and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.
ELISA NESS reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the rates in effect at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash at the time of the actual Order.
Payment for purchases is made via Paypal.
The Customer expressly acknowledges that the communication of his bank card number to ELISA NESS constitutes authorization to debit his Account up to the price of the Products ordered. If applicable, an Order cancellation notification for non-payment is sent to the Customer by ELISA NESS on the email address provided by the Customer when registering on the Site.
The data recorded and kept by ELISA NESS constitutes proof of the Order and of all past sales. The data recorded by Paypal constitute proof of any financial transaction between the Customer and ELISA NESS.
Deliveries are made by Colissimo services, from Monday to Saturday, depending on the option chosen by the Customer when confirming his Order.
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
The Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order under the heading “Deliveries and Returns”.
When ELISA NESS takes care of the delivery of the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by ELISA NESS.
Delivery is made to the delivery address indicated by the Customer, it being specified that this address must be the residence address of the Customer, of a natural person of his choice or of a legal person (delivery to his company ). Delivery cannot be made to hotels or PO boxes.
If it is impossible to make the Delivery, due to an incorrect delivery address or the Customer’s failure to collect his Order from the selected Colissimo collection point, no reshipment can be made and the Customer will be refunded. within five (5) days of receipt of the Order by ELISA NESS.
ELISA NESS delivers the Orders within a maximum period of principle of fifteen (15 working days for a Delivery in Metropolitan France and twenty (20) working days for an international Delivery, this period being counted from the first working day after the validation of the command.
In order for these deadlines to be respected, the Customer must ensure that they have communicated exact and complete information concerning the Delivery address (such as, in particular: street, building, staircase number, access, names and / or intercom numbers, etc.).
ELISA NESS cannot be held responsible for delivery delays that are not their fault or justified by a case of force majeure (as defined below).
If the Delivery deadline is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request in this regard, reimbursement of the sums paid during the Order. Notwithstanding the foregoing, ELISA NESS cannot be held responsible for the harmful consequences resulting from a delay in delivery, only the reimbursement of the Product by ELISA NESS being possible to the exclusion of any other form of compensation.
Deliveries can also be made at a Point Relais, subject to acceptance of the package by the Point Relais selected.
Right of withdrawal – refunds and returns
1.1 Limitation of liability
ELISA NESS‘s liability with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. ELISA NESS will in no way be responsible for the following losses, regardless of their origin:
– loss of income or sales
– operating loss
– loss of profits or contracts
– loss of planned savings
– data loss
– loss of working or management time
– image damage
– loss of chance, and in particular to order a Product,
– moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, express or implied, with the exception of the guarantees provided for by law.
ELISA NESS does not provide any warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise deteriorate a functionality of a computer or interfere with the proper functioning of the same, including any transmission resulting from a download of any content made by the Customer, software used by the latter to download content, from the Site or from the server that allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install anti-virus and appropriate security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving to be harmful.
The Customer acknowledges that he assumes all the risks associated with any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.
ELISA NESS is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can be reasonably expected.
In addition, ELISA NESS guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:
1.2 Legal guarantees
All products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Customer to return defective or non-compliant Products delivered free of charge.
Legal guarantee of conformity
Article L217-4 of the Consumer Code: “The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility. ”
Article L211-5 of the Consumer Code: “To comply with the contract, the goods must:
1) Be suitable for the use usually expected of a similar good and, where applicable:
correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use 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. ”
Guarantee against hidden defects
Article 1641 of the Civil Code: “The seller is bound by the guarantee on account of the hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer does not have it. would not have acquired, 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 in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity. ”
As part of the legal guarantee against hidden defects, ELISA NESS, at the choice of the Customer, undertakes, after evaluation of the defect:
– Either to reimburse the full price of the returned Product,
– Or to reimburse him for part of the price of the product if the Customer decides to keep the Product.
Exclusion of guarantees
Products modified, repaired, integrated or added by the Customer are excluded from warranty. The warranty does not cover apparent defects. The warranty will not cover Products damaged during transport after Delivery or due to improper use.
1.3 Methods of implementing the guarantees
As part of the legal guarantee of conformity, the Customer:
(i) benefit from a period of two (2) years from the delivery of the goods to act;
(ii) may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
(iii) is exempt from providing proof of the existence of the lack of conformity of the good during the two years.
The legal guarantee of conformity applies regardless of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
For any request concerning legal guarantees, the Customer must then contact the Customer Relations Department at email@example.com or on 06 68 27 68 00.
These provisions are not exclusive of the right of withdrawal defined in Article 9 above.
1.4 Consequences of the implementation of legal guarantees
As part of the legal guarantee of conformity, ELISA NESS commits to the choice of the Customer:
– either to replace the Product with an identical product depending on available stocks,
– or to reimburse the price of the Product if it proves impossible to replace a Product.
As part of the legal guarantee against hidden defects, ELISA NESS, according to the Customer’s choice, undertakes, after evaluation of the defect:
– either to reimburse the full price of the returned Product, or to reimburse part of the price of the Product if the Customer decides to keep the Product.
1.5 Force Majeure
In the event of the occurrence of an event of force majeure preventing the execution of these GTCS, ELISA NESS informs the Client within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the case law of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. commercial, civil disturbance, insurrection, war, act of terrorism, inclement weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship. All the obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of ELISA NESS or the Client without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
Warranty – limitation of liability
2.1. Deadline and modalities for exercising the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from ELISA NESS. , without having to justify its decision.
The right of withdrawal can be exercised by emailing firstname.lastname@example.org.
2.2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order with the prepaid return slip provided by ELISA NESS, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with article L. 221- 21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return slip received with his Order.
The return of the Products is the responsibility of the Customer and is done at his risk although we advance the return costs by providing a prepaid return label to the Customer.
2.3. Refund of returned products under the right of withdrawal
The reimbursement of the Order by ELISA NESS is made no later than fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw.
However, reimbursement is made on condition that ELISA NESS has been able to recover the Products subject to the return.
ELISA NESS reimburses using the same means of payment as that which was used for payment of the Order, unless the Customer expressly agrees to use another. If this payment method has or will expire, the Customer must contact customer service to change the reimbursement method. This does not incur any costs for the Customer. ELISA NESS cannot be responsible for reimbursement on an expired means of payment.
The refund of an order paid with a gift card or a credit note will be automatically refunded with a credit note.
In the absence of compliance by the Customer with these T & Cs, ELISA NESS will not be able to reimburse the Products concerned. In all cases, the return costs are the responsibility of ELISA NESS if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
Retention of title
ELISA NESS retains full and entire ownership of the Products sold until full payment has been received, in principal, costs, taxes and mandatory contributions included.
If one or more stipulations of these T & Cs 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.
No tolerance, inaction or inertia on the part of ELISA NESS may be interpreted as a waiver of its rights under the T & Cs.