Terms of sale

Terms of Sales

The sale

Sale conclusion steps

  1. Compose the address: www.eclae.com
  2. Follow the site instructions.
  3. Follow the instructions necessary to open a customer account / or an express order without prior creation of a customer account.
  4. Fill out the order form.
  5. Identify any errors committed in the entry and correction.
  6. Taking into account delivery costs. Choice of carrier if necessary.
  7. Validate the order, the total price and the all inclusive price. Validate the general conditions of sale.
  8. Acknowledgment of receipt of the order electronically by www.eclae.com
  9. Confirmation of the order electronically by www.eclae.com, the date of shipment and our possible unavailability.
  10. Debit on the account of the Customer of the all inclusive price including the total price of the items dispatched and the cost of transport at the time of the order.
  11. Receipt of delivery.

When establishing the account opening form, the communication of his personal data, his bank card number and the confidential data relating to it and the validation of order, the Customer undertakes to respect General conditions of sale.


Creation and deactivation of the customer account

To make purchases on the site, the customer may, beforehand, make the creation of a customer account. This must be created exclusively on the site.
To create their account, the customer must provide information, on the one hand, his email address and a password. These elements are confidential. The customer will be solely responsible for the consequences of using his account, until it deactivates it.
For any information requested, the Customer undertakes to provide real and sincere information.
The company cannot be held responsible for possible entry errors and the consequences that would result from it such as a delay and/or a delivery error. In this context, all the costs incurred for the re -exposition of the order will be fully borne by the customer.
In the event of non-compliance with the General Conditions of Sale by the Customer, the company reserves the right to deactivate, automatically and without compensation, the account of the Customer, after sending an email or a letter Recommended with notice of receipt of formal notice, remained without effect for more than 30 days from the date of receipt of the said email or the said registered letter with acknowledgment of receipt.
In the case of fraud on the part of a customer, the deactivation of the account will be automatically, without notice, without formality and without compensation.
The customer who wishes to deactivate his account will be known to the company:

  • Either by email to the following email address: contact@eclae.com.
  • Or by registered letter with reception notice addressed to: Eclae Clichy - POUCHET (Building A) 92-98 boulevard Victor Hugo 92115 Clichy.

The company undertakes to deactivate the account within a maximum of 7 days from receipt of this letter.

 

Express order without prior creation of a customer account

The customer can make purchases on the site without creating a customer account.
In this case, the Customer must in particular fill in his contact details and the delivery address.
For any information requested, the Customer undertakes to provide real and sincere information.
The company cannot be held responsible for possible entry errors and the consequences that would result from it such as a delay and/or a delivery error. In this context, all the costs incurred for the re -exposition of the order will be fully borne by the customer.

 

Validation of the order by the Customer

The customer plans his order in accordance with the indications on the site. This is the subject of a summary which takes up all the elements. The customer then validates it, after having read the general conditions of sale. To do this, the customer must check the box "by validating this order, I accept the general conditions of sale", by a "click" on the icon, then must check the box "I validate my order (order with obligation purchase) ", by a" click "on the icon. Any not validated order cannot be honored.

 

Price, invoice

Our prices are all taxes included. The Customer will receive an invoice on delivery, a confirmation of the contract confirming the provisions above mentioned and including all the information mentioned in article L. 221-5 of the Consumer Code, as well as a withdrawal form, in application of Article L. 121-19-2 of the Consumer Code.

 

Payment Terms

The price is payable cash, entirely on the day of placing the order by the customer.

The payment of the customer's purchases is carried out exclusively by payment card identified by the Customer on the account opening form or when placing the order.

The commitment to pay given by means of a payment card is irrevocable except in the event of withdrawal (see article 5).

To this end, the customer confirms that he is the holder of the bank card to be debit and that the name appearing on this bank card to be debit is indeed communicated in a secure environment on the site of our payment partner: the bank LCL (Le Crédit Lyonnais), the sixteen -digit number and the expiration date, appearing on the front of its bank card, as well as, if necessary, the visual cryptogram numbers appearing on the back of its bank card.

 

Bank data

The LCL Bank is alone, through its "Sherlock's" secure space, to know the customer's banking information. This information does not in any way pass on the site www.eclae.com The information related to orders only is subject to automated data processing of which the manager is Paris local time. The purpose of this automated processing of data is to define a level of analysis of a transaction and to combat bank card fraud. Paris local time and the company are the recipients of data related to your order. The non-transmission of data related to an order prevents the realization and analysis of the corresponding transaction. The occurrence of an unpaid will lead to the registration of the contact details in relation to the order associated with this unpaid within a payment incident file implemented by Paris local time. An irregular declaration or an anomaly may also be subject to specific treatment. The customers are recalled to the provisions of article L. 133-24 of the monetary and financial code according to which "the user of payment services reports, without delay, to his payment service provider an unauthorized payment transaction or Poorly executed and at the latest within thirteen months following the date of debit under penalty of foreclosure unless the provider of payment services did not provide him or did not provide him with the information relating to this operation In accordance with Chapter IV of title 1 of Book III. Except in cases where the user is a natural person acting for non -professional needs, the parties may agree with a period separate from that provided for in this article. " In the event that, for any reason whatsoever, the rate of sums due by the customer is impossible, the sale made would be immediately resolved as of right and the purchase process by electronic means canceled. In accordance with the law of January 6, 1978, modified on August 6, 2004, relating to data processing to files and freedoms, the customer has, at any time, a right of access, rectification, and opposition to this that his personal data collected by Paris local time is the subject of processing, by mail and justifying his identity, at Paris local time - 73 rue Notre Dame de Nazareth - 75003 Paris.


Reserve of ownership and risk transfer

It is agreed that the products that will be delivered and billed to the customer will remain the property of the company until the full payment of their price. Failure to pay may result in the claim of products by the company.

The risks of loss or deterioration of the products as well as the damage they could cause are transferred to the customer when the package is made available to him.


Force majeure

Are deemed events of force majeure those who unpredictable, irresistible and external make it absolutely impossible, the execution of the sales contract under the conditions provided.

In the event that the company is unable to deliver the product due to a force majeure event, the company undertakes to inform the customer without delay. The customer will be automatically reimbursed, within a maximum of 14 (fourteen) days following the date of collection of the price, in application of article L. 216-3 of the consumer code.


Guarantees


Legal guarantees

All products for sale on the site benefit from the legal guarantee of compliance (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 Civil Code), allowing the buyer to pay off the products delivered defective or non -compliant free of charge.


Legal compliance guarantee

The French Consumer Code provides for the following in terms of legal guarantee of compliance: article L217-4: “The seller is required to deliver a good compliant to the contract and meets compliance defects existing during issuance. He also responds to compliance defects resulting from packaging, assembly instructions or installation when it has been charged by the contract or was carried out under his responsibility. »»

Article L211-5: "To comply with the contract, the property must:

1) Be specific to the usually expected use of a similar property and, if applicable:

- correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2) or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted.

Article L211-12: The action resulting from the lack of conformity is prescribed by two years from the issuance of the property.


Guarantee against hidden defects

The French Civil Code provides for the following in terms of guaranteeing hidden defects:

Article 1641 of the Civil Code: The seller is held from the guarantee due to the hidden defects of the thing sold which make it unfit for the use to which it is intended, or which decrease this use so much, that the buyer would not have Not acquired, or would have given only a lower price, if he had known them.

Article 1648 of the Civil Code: The action resulting from crippling vices must be brought by the buyer within two years from the discovery of the vice. In the case provided for in article 1642-1, the action must be introduced, under penalty of foreclosure, in the year following the date on which the seller can be unloaded of vices or apparent defects. »»

As part of the legal guarantee of hidden defects, Eclae, according to your choice, is committed, after evaluation of the defect:

- either to reimburse him all of the price of the returned product,

- either to reimburse him part of the price of the product if the buyer decides to keep the product.


Exclusion of guarantees

The modified, repaired, integrated or added by the buyer are excluded from the buyer. The warranty does not cover apparent defects. The warranty will not support damaged products when transporting or due to improper use.


Procedures for implementing legal guarantees

When it acts as a legal compliance guarantee, the buyer:

- benefits from a period of two years from the issuance of the property to act;

- can choose between the repair or replacement of the property, subject to the cost conditions provided for in article L217-9 of the Consumer Code;

- is exempt from bringing proof of the existence of the lack of conformity of the property during the six months following the issuance of the property. This period is increased to twenty-four months from March 18, 2016, except for second-hand goods.

The legal compliance guarantee applies independently of the maybe commercial guarantee granted.

The buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

These provisions are not exclusive of the right of withdrawal defined in article 6 above.

16.3 Consequence of the implementation of guarantees

As part of the legal guarantee of conformity, Eclae, undertakes the choice of the buyer:

- either to replace the product with an identical product depending on the available stocks,

- either to reimburse the price of the product if the replacement of a product was impossible.

As part of the legal guarantee of hidden defects, Eclae, according to your choice, is committed, after evaluation of the defect:

- either to reimburse him all of the price of the returned product,

- or to reimburse him part of the price of the product if the buyer decides to keep the product.

 

Applicable law / complaints and disputes

The general conditions of sale are subject to French law.

In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.

In the absence of an amicable agreement, the consumer has the possibility of seizing the consumption mediator for free of charge, namely the professional, namely Ame cono, within one year from the written complaint addressed to the professional.

The referral to the consumption mediator will have to be carried out:

either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com ;

Or by mail addressed to the Soul Conso, 11 place Dauphine - 75001 Paris.

ANNEX :

Retraction

 

If you have ordered on the internet and wish to exercise your right of withdrawal, please complete and send us the form below, to the following address:

Eclae / CSME

For the attention of the customer feedback service

Clichy - Pouchet (Building A)

92-98 Boulevard Victor Hugo

92115 Clichy

The right of withdrawal is exercised in accordance with our general conditions of sale.

I, the undersigned, ................................................... ...................................

Moreover :................................................ ......................................,

Telephone number: ......................................../ Mobile number: ... ......................................

Email address :............................................... ..................................

 

Declares to exercise my right of withdrawal relating to the following order:

 

- Order number :.........................................

 

- Order date :.........................................

 

- date of receipt of the last article of the order: ........................................... ..

 

A (place) ........................................., the (date) .........................................

Signature