ARTICLE 1 – SELLER DESIGNATION
The present website www.elesig.fr (hereinafter referred to as the "Site") is published by the company Elèsig (hereinafter referred to as the "Vendor"), a one-person simplified joint-stock company with capital of 1,000 euros, registered with the Épinal Trade and Companies Register under number 910 919 802, whose registered office is located at 32 Bis, Avenue du 8 Mai 1945 - 88700 RAMBERVILLERS, represented by Mrs Cindy RUER, President, domiciled in this capacity at the same address.
The site is hosted by Vercel (see legal notice).
The seller designs, manufactures and markets clothing (hereinafter referred to as the "Products"), presented on the Site.
The Seller is registered with the ReFashion eco-organization under IDU number FR350640_11JHOD and is up to date with its eco-contributions.
ARTICLE 2 – PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The GCS apply exclusively to the sale by the Vendor of Products presented on the Site, which is freely accessible to all Internet users.
The GCS govern exclusively sales contracts with buyers who are consumers, and together with the online order constitute the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the Products, which are for information purposes only.
The GCS apply exclusively to Products delivered to consumers established throughout the world.
The buyer agrees not to resell the Products delivered by the Seller.
The GCS are written in French, as is all the contractual information mentioned on the Site. The GCS are made available to consumers on the Vendor's Site, where they can be consulted directly, and can also be communicated to them on request by telephone, e-mail or post.
The terms and conditions of sale are binding on the consumer, who acknowledges having read and accepted them before placing an order, by checking a box provided for this purpose. The validation of the order by its confirmation implies the buyer's acceptance of the GCS in force on the day of the order, the conservation and reproduction of which are ensured by the professional Vendor in accordance with article 1127-2 of the French Civil Code.
The Professional Vendor reserves the right to modify its GCS at any time. In the event of modification of the G.C.S., the applicable G.C.S. are those in force at the date of the order, a copy of which dated to that date may be given to the consumer on request.
The nullity of a contractual clause does not entail the nullity of the GCS unless it is an impulsive and determining clause which led one of the parties to conclude the sales contract.
The temporary or permanent non-application of one or more clauses of the GCS by the Professional Vendor shall not constitute a waiver of the other clauses of the GCS, which shall continue to have full effect.
The present GTS prevail over any other contractual document of the customer.
ARTICLE 3 – PRODUCTS
The Products offered for sale in the catalog published on the Site are each the subject of an optional but advisable description mentioning their essential characteristics within the meaning of article L. 111-1 of the French Consumer Code. The photographs illustrating the Products do not constitute a contractual document. The photographs which may accompany the presentation of the Products may include goods which are not systematically offered for sale.
The Products comply with the requirements of current French law relating to personal health and safety, fair trading and consumer protection at the time they are placed on the market.
Products are offered and delivered while stocks last. In the event of unavailability of the Product ordered once the price has been paid, the Vendor will immediately inform the purchaser and may offer a Product of equivalent quality and price or, failing this, a purchase voucher for the amount of the order, which may be used for any future order. If the purchaser does not agree, the Vendor will reimburse the sums paid within a maximum period of fifteen days. Apart from reimbursement of the price of the unavailable Product, the Vendor is not liable for any cancellation indemnity, unless the non-performance of the contract is personally attributable to the Vendor.
By accepting delivery, the purchaser implicitly acknowledges that the Products delivered to him comply in every respect with his order and are delivered to him in compliance with health standards.
ARTICLE 4 – PRICES
In accordance with article L.112-1 of the French Consumer Code, sales prices are indicated for each of the Products listed in the electronic catalog, in euros, all taxes included, excluding delivery and transport costs mentioned before the order is validated and invoiced in addition. The total amount due by the consumer is indicated on the order confirmation page, including delivery and transport costs. The sale price of the Product is that in force on the day the order is placed.
In the event of a price promotion, the Professional Seller undertakes to apply the promotional price to all orders placed during the period in which the promotion is advertised.
The Professional Vendor reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
ARTICLE 5 – OFFER
The online sales offers presented on the Site are reserved for consumers. The online sales offers presented on the Site are valid for as long as the Products appear in the electronic catalog and within the limits of available stocks, unless a specific duration is indicated.
Acceptance of the offer by the consumer is validated, in accordance with the double-click procedure, by confirmation of the order.
ARTICLE 6 – ORDERING
To place an order, the consumer, after creating an account (indicating first name, surname, postal address, e-mail address and telephone number) and filling his/her virtual basket with the Products selected and the quantities required, then clicks on the "Validate my basket" button and provides the delivery and payment details.
Before clicking on the "Confirm my order" button, the customer can check the details of his order and its total price, and return to the previous pages to correct any errors or modify his order.
Validation of the order implies acceptance of the GCS and forms the contract.
An e-mail acknowledging receipt of the order and payment is sent by the Vendor as soon as possible.
Any modification of the order by the consumer after confirmation of the order is subject to acceptance by the Professional Seller.
The professional Vendor reserves the right to refuse any order for legitimate reasons, and more particularly if the quantities of Products ordered are abnormally high for buyers with the status of consumers, or if there is a previous dispute concerning an unpaid order.
The Vendor cannot be held responsible for the consequences resulting from erroneous or incomplete information provided by the purchaser, particularly concerning the quantities and types of Products ordered or the delivery time slot.
ARTICLE 7 – CONTRACT
The sales contract is formed when the consumer sends confirmation of his/her order. Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1379 of the French Civil Code. These communications, order forms and invoices may be produced as proof of the contract.
The order may be cancelled by the Vendor in the event of refusal by the purchaser to take delivery, or non-payment of the price (or the balance of the price) at the time of delivery.
ARTICLE 8 – PAYMENT
The price is payable in full once the order has been confirmed. Payment is made immediately upon ordering by credit card (Carte Bleue, Visa, Mastercard, American Express) by Paypal.
The Site is equipped with a secure online payment system that encrypts the transmission of the customer's bank details. The customer's credit card number is only sent to the bank's servers, in a secure environment.
An invoice showing VAT may be sent by the Vendor to the customer, on simple request by the latter to the Vendor.
ARTICLE 9 – DELIVERY
Delivery refers to the transfer of physical possession or control of the goods to the consumer.
Products are delivered to the address indicated by the customer on the order form. Delivery is made by handing over the Product directly to the purchaser or, failing this, by the Vendor sending a notice of availability to the purchaser. The purchaser must collect the Product ordered within the time limit stated on the notice. Should the purchaser fail to collect the Product within the period indicated, the Vendor may, after a formal notice from the purchaser which has remained without effect, proceed with collection, cancel the order by operation of law and retain the deposit paid by way of compensation.
When the Product is delivered to the address indicated on the order form by a carrier, it is the purchaser's responsibility to check the condition of the delivered Product in the presence of the delivery person and, in the event of damage or missing items, to express reservations on the delivery note or the transport receipt, and, if necessary, to refuse the Product and inform the Vendor.
The professional Vendor undertakes, in accordance with the delivery deadline indicated on the Site for each Product, to deliver the Products as soon as possible. The time indicated on the Site is indicative. In the event of a group purchase of several Products, the delivery time applicable to the whole order corresponds to the longest delivery time indicated for one of these Products. If the Product ordered has not been delivered by the end of the period specified on the order form, the consumer may, after having unsuccessfully requested the Seller to fulfil its delivery obligation within a reasonable additional period, cancel the contract by e-mail.
The risks of loss or damage to the goods are transferred to the consumer at the moment when he, or a third party designated by him, takes physical possession of the goods, without distinction according to their nature.
In the case of an undelivered item, please check the tracking of your parcel via the link provided in your order confirmation email. If it says "delivered" but you haven't received it in your letterbox, it's possible that the item has been returned to your nearest post office, or that your neighbor has received it. If your parcel indicates that it has been delivered by our service provider (La Poste, Mondial Relay), there is nothing more we can do. Theft from a letterbox is the equivalent of theft from your property. You must therefore contact the carrier.
You are responsible for your return parcel until we have received it. In the event of loss or any other problem during shipment of your return parcel, we invite you to contact the carrier. Please let us know via the online contact form. We will not be able to confirm the return of your items until we have received your package. We recommend that you keep the proof of delivery of your parcel while we process it.
ARTICLE 10 – LEGAL WARRANTY OF CONFORMITY AND WARRANTY AGAINST HIDDEN DEFECTS
All Products supplied by the Vendor are covered by the legal warranty of conformity stipulated in articles L. 217-4 et seq. of the French Consumer Code, or by the warranty against hidden defects stipulated in articles 1641 to 1649 of the French Civil Code.
10.1 – Implementation of the conformity warranty
The Vendor is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
To be in conformity with the contract, the Product must be fit for the use normally expected of similar goods and, where applicable, present the qualities that a purchaser may legitimately expect in view of the public statements made by the Vendor or its representative, particularly in advertising or labelling.
If the Product does not conform to the order, the consumer must send a complaint to the professional Vendor whose contact details can be found at the top of these GTCS or via the contact form available on the Site.
When acting under the legal warranty of conformity, the consumer may choose between repair or replacement of the goods, subject to the cost conditions set out in article L.217- 9 of the French Consumer Code.
The buyer does not need to prove the existence of a lack of conformity for 24 months following delivery.
In the event of unavailability of the Products on delivery, the professional Vendor may offer an equivalent Product in terms of quality and price, in accordance with the conditions set out in article 3§3 of the General Terms and Conditions of Sale.
Any action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.
10.2 – Warranty against hidden defects
The Vendor is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them.
The consumer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, he/she may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.
The Vendor is not liable for apparent defects of which the purchaser has been able to convince himself.
Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
ARTICLE 11 – LIABILITY
The professional Vendor cannot be held liable in the event of non-performance or poor performance of the contract due either to the fault of the purchaser, or to the insurmountable and unforeseeable fault of a third party to the contract, or to force majeure.
The Seller declares that it is insured with a solvent insurance company for its civil liability.
In all cases of non-fulfilment of obligations by the consumer, the deposit paid at the time of order remains the property of the professional Vendor by way of compensation.
ARTICLE 12 – RIGHT OF WITHDRAWAL
The consumer may withdraw from the contract, without giving any reason, within 14 days of receipt of the goods by the consumer or the third party designated by the consumer. To exercise the right of withdrawal, the consumer must notify the Vendor's customer service department, whose contact details can be found at the head of these GTCS or via the contact form available on the Site, of his/her surname and first name(s), geographical address, telephone number and e-mail address, as well as his/her decision to withdraw from the contract by means of an unambiguous statement.
The customer may use the model withdrawal form (art.15 - at the bottom of this document), but this is not compulsory. The customer bears the burden of proving that he has exercised his right to withdraw.
In the event of retraction by the customer, the latter must send or return the goods, by post, colissimo suivi, addressed to Elèsig, 32 Bis, Avenue du 8 Mai 1945 - 88700 RAMBERVILLERS, without undue delay and, in any event, no later than 14 days after the customer has communicated his decision to retract, with the "return form" sent to him by the Vendor.
The Product must be returned in its original packaging, new and unwashed.
The consumer shall bear the direct cost of returning the Product.
In the event of withdrawal, the Vendor will reimburse all payments received from the consumer, including delivery costs (with the exception of additional costs arising from the fact that the consumer has chosen a delivery method other than the less expensive standard delivery method proposed by the Site editor), without undue delay and, in any event, no later than 14 days from the day on which the Site editor is informed of the decision to withdraw. The Vendor may defer reimbursement until recovery of the goods or until the consumer has provided proof of shipment of the goods, whichever comes first.
The Site editor will proceed with the refund using the same means of payment as that used for the initial transaction. With the express agreement of the consumer, another method may be used. In any event, this refund will not incur any additional costs for the customer.
The customer is reminded that, in the event of withdrawal after use of the goods, he/she is liable for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
According to the European Commission, these manipulations are those that a consumer can carry out in a store, for goods offered for sale there.
The right of withdrawal does not apply to Products made to the customer's specifications, and in particular to custom-made Products.
ARTICLE 13 – INTELLECTUAL PROPERTY
The elements reproduced on the Site are the exclusive property of the publisher and are protected by copyright, trademark law and unfair competition law. Any reproduction or distribution of these elements, without the prior and express authorization of the publisher, exposes offenders to legal proceedings.
ARTICLE 14 – APPLICABLE LAW, MEDIATION AND COMPETENT COURT
This contract and the GTC governing it are governed by French law.
In the event of a dispute, the consumer must contact the Vendor's customer service department by e-mail or post, using the contact details given at the top of these GCS or via the online contact form.
If the consumer's request for a complaint to the customer service is unsuccessful, or in the absence of a response from this service within two months, the consumer may submit the dispute relating to the order form or these GCS opposing him/her to the professional Vendor to the mediator of the professional federation of which the Site publisher is a member, who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
To submit a request for mediation, the consumer can use the complaint form available on the mediator's website. The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
In the absence of an amicable agreement, you may refer to the courts any dispute relating to the existence, interpretation, conclusion, performance or termination of the contract, as well as all documents connected with this contract. The competent court will be that of the defendant's place of residence or that of the place of actual delivery of the goods or performance of the service.
Mediation
In accordance with article L. 612-1 of the French Consumer Code, the subject to article L.612.2 of the French Consumer Code, the consumer Code, has the right to submit a request for amicable resolution by mediation, within a period of less than one year from the date of his or her written complaint to the professional.
This establishment has designated SAS Médiation Solution as a consumer mediation body, by means of a membership registered under number 31097/VA/2112.
To refer a matter to the mediator, the consumer must make his or her request :
- Either in writing to :
SAS Médiation Solution
222, Chemin de la Bergerie
01800 Saint Jean de Niost
Tel : 04 82 53 93 06
- Or by e-mail to: contact@sasmediationsolution-conso.fr
- Or by completing the online form entitled "Contact the mediator" on the https://www.sasmediationsolution-conso.fr website.
Whatever the means of referral used, the request must contain :
- The applicant's postal address, telephone number and e-mail address ;
- The name, address and SAS Médiation Solution registration number of the professional concerned ;
- A brief statement of the facts. The consumer will specify to the mediator what he or she expects from this mediation and why ;
- A copy of the prior complaint ;
- All documents required to investigate the claim (purchase order, invoice, proof of payment, etc.).
ARTICLE 15 – MODEL WITHDRAWAL FORM
For the attention of ELÈSIG, Service client, 32 Bis, Avenue du 8 Mai 1945 - 88700 RAMBERVILLERS
I hereby notify you of my withdrawal from the contract for the sale of the goods below :
Product title :
Ordered on :
Received on :
Bearing order number :
Name, e-mail address and signature of customer :
Date :
