Terms of Sales
Intro
The site allows Ecmo to offer for sale textile products and accessories from the Ecmo brand or from one of its commercial partners (hereinafter referred to as "products") to Internet users who browse on the site (hereinafter referred to as "customers"). In the application of the present, it is decided that the Customer and Ecmo will be collectively named "Parties" and individually named "Party", and that the customer having validated an order will be named "Buyer".
Any order for a Product offered on the Site implies the Buyer's acceptance of the following conditions of sale. Ecmo reserves the right to modify these conditions of sale at any time by publishing a new version on the Site. The general conditions of sale are those which are in place on the date of purchase.
Article 1. Object
These general conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site, these apply to the exclusion of any other document.
Item 2. Products - Price
2. 1 Products
Only the products appearing on the Site on the day of its consultation by the Customer are offered for sale. The products offered are limited to the European Union area. The product offer and the price are available, within the limits of available stocks, as long as they are offered on the Site.
2. 2 Price
Prices are indicated in Euros, all taxes included. The prices applied are those appearing on the Site at the time of placing the order, the sum of the fixed price of the preparation and delivery costs will be communicated to the customer on the summary of the receipt, before validation of the said document. If you reside outside the European Community, you are entitled to VAT exemption. The shipment of the order must be made to an address outside the European Community. The final invoice will reflect this tax exemption. Please note that shipments destined outside the European Community are subject to import taxes and customs duties (DDU Deliver Duties Unpaid Duties Unpaid) according to the regulations of your country of origin.
Section 3. Order
3. 1 Order registration
The Customer who wishes to place an order chooses the item(s) of his choice by clicking on "Add to basket" At any time, the Customer can: - Check the number of Products in his basket and obtain detailed information on each item by clicking on "My basket",- A new Customer must fill in all the necessary information fields in order to create his customer account. The Customer must accurately complete the form that will be given to him, which will include the information necessary to identify his identity, in particular his e-mail address and a password of his choice (which will be personal and confidential to him) which will allow him to identify themselves on the site. Any customer who already has a password must identify himself after clicking on "Confirm", by entering his e-mail address and password; the Customer accepts that this method of identification can prove his identity; he is required to provide personal information to be a remote seller, this information is necessary for the processing and delivery of orders, and for invoicing. After placing an order, and once all the required information has been completed by the Customer, the latter will have read the general conditions of sale to which he has given his agreement by ticking the box provided for this purpose.
3. 2 Confirmation of the command
The validation of the basket confirmation constitutes an electronic signature. This signature is equivalent to a signed manuscript and is proof of the integrity of the order and the payment of the sum due under the said order; once the order has been validated, the Customer becomes a buyer; notwithstanding the application of article R624-3 of the penal code, the Customer pays for his order by bank card (credit card, Visa, Eurocard/Mastercard). If the Customer wishes to make a payment by credit card, he must provide the credit card number. The type of card, the expiry date and the cryptogram must be provided.
3. 3 Payment
The price owed by the Buyer is the amount indicated on the order summary. In all cases, the amount debited will correspond to the Product(s) to be delivered, it being specified that when choosing a bank card as a means of payment, the buyer is automatically transferred to the Payplug electronic payment server. Payment for your purchases is made exclusively, when placing your order, by credit card (Carte Bleue, Visa, Maestro, Eurocard/Mastercard, American Express) or via a PayPal account. Your credit card or PayPal account will be debited no later than six (6) days after placing your order, in the currency of the order.
You can make your purchases in complete security, the confidentiality of the banking information transmitted via the site to an approved banking establishment is carried out in a secure environment (SSL protocol).
Payment card numbers are not stored on our website but on the secure site of the PayPlug bank.
As part of the electronic payment process and to combat the fraudulent use of online payment methods, we verify the reliability of the information you entered during registration of your order.
3. 4 Command Acknowledgment
Once the payment has been made, a summary document of the order is sent to the buyer at his email address. This document serves as an acknowledgment of receipt and constitutes a summary of all the elements included in the contract between the parties. A link to the return form will also be included in this document.
Section 4. Delivery
Ecmo Paris will do everything in its power to ensure that the delivery of the order is made on average between 1 and 5 days, and up to 10 days, from the day after the order is validated by the buyer. It is specified that orders placed on the website www. ecmo-lab. com on Friday, Saturday or Sunday will be processed the following Monday. Orders placed on the website www. ecmoparis. com holidays other than Friday, Saturday and Sunday will also be processed on the next business day. The items ordered by the buyer will only be delivered within the borders of the EU to the address indicated by the buyer on the validation page of his order, accompanied by a delivery note. The Buyer has the option of having the products delivered to an address other than his own. Delivery will not be guaranteed in the event of force majeure, transport and/or postal service strikes.
Section 5. Right of withdrawal
The Buyer has a period of fourteen (14) working days from the date of delivery to notify ecmo of his wish to return, at his own expense, the Product(s) he he ordered. The Buyer has an additional period of fourteen (14) working days to return the goods. If the conditions mentioned above are met, Ecmo will refund the Buyer the total amount of his order (price of the Products and shipping costs) to the initial method of payment, directly upon receipt of the Products, at the excluding the costs of returning the Products, which will be borne by the Buyer.
Section 6. Legal guarantees
6. 1 Legal guarantee of conformity
All our products benefit from a legal guarantee, in respect of the normality of their use and the respect of the instructions.
Article L. 217-4 of the Consumer Code
The seller delivers goods that comply 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 carried out at his expense by the contract or under his responsibility.
Article L. 217-5 of the Consumer Code
The good complies with the contract:
1° If it is specific to the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public declarations made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by this last.
Article L. 217-7 of the Consumer Code
Conformity defects that appear within twenty-four months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can reverse this presumption if it is not compatible with the nature of the good or the alleged lack of conformity.
Article L. 217-9 of the Consumer Code
In the event of a lack of conformity, the buyer chooses between repairing or replacing the good. However, the seller cannot proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other mode, taking into account the value of the good or the importance of the defect. In this case, the seller is required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L. 217-10 of the Consumer Code
If the repair and replacement of the good is impossible, the buyer can either return the good and have the price refunded, or keep the good and have part of the price refunded.
The same option is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking.
However, the sale cannot be canceled if the lack of conformity is minor.
Article L. 217-11 of the Consumer Code
The application of the provisions of articles L. 217-9 and L. 217-10 is carried out at no cost to the buyer. These same provisions do not preclude the attribution of damages.
Article L. 217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
6. 2 Warranty against defects in the thing sold
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which diminish this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.
Article 1643 of the Civil Code
He is responsible for hidden defects, even if he was unaware of them, unless in this case he has stipulated that he will not be bound by any guarantee.
Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the buyer has the choice of returning the good and recovering the price, or keeping the good and recovering part of the price.
Article 1645 of the Civil Code
If the seller has knowledge of the defects of the goods, he is liable to the buyer for all damages, in addition to the restitution of the price he received for them.
Article 1646 of the Civil Code
If the seller is aware of the defects in the goods, he is liable to the buyer for all damages, in addition to the restitution of the price he received for them.
Article 1647 of the Civil Code
If the thing with defects has perished due to poor quality, the loss shall be borne by the seller, who shall be liable to the buyer for the return of the price and other compensation explained in both previous articles. But the loss which occurred by chance shall be borne by the buyer.
Section 7. IT and Rights
7. 1 Personal Information
Personal information is processed by Ecmo to better manage customer relations and prospecting. And to enable you to receive offers from our partners, we may need to provide you with this type of information. In accordance with the Data Protection Act of January 6, 1978, updated by the law of August 6, 2004, the Customer has a right of access, rectification and opposition to information concerning him. The customer has the right to register on a list by specifying that he does not wish to be contacted by telephone.
7. 2 Cookies
Our website is tailored to the needs of our customers. Click here to find out more.
7. 3 Web beacon
Certain web pages of the Site may contain web beacons which make it possible to count the number of visitors to the Site and/or allow Ecmo Paris a certain number of indicators. These Web Beacons may be used with some of our partners for the stated purpose of measuring and improving the Site.
Section 8. Miscellaneous Provisions
8. 1 Force Majeure
Ecmo cannot be held responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event qualified as force majeure, in particular in the event of a disruption or strike. general or partial, in particular postal services or means of transport and/or communication, flood or fire. If Ecmo fails to fulfill its obligation to deliver no later than thirty days after the conclusion of the contract, the consumer may terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium, unless Ecmo has performed within the 'interval.
8. 2. The entire contract
These general conditions of sale and the summary of the order sent to the Buyer, constitute a contractual and integral summary of the agreements between the parties.
8. 3 Preservation and archiving operations
The archiving of invoices is carried out on a viable and durable medium so as to correspond to a faithful and durable copy.
8. 4 Applicable law - jurisdiction.
These general conditions of sale and the contractual relations between Ecmo and the Buyer are subject to French law. In the event of a dispute, the consumer may have recourse to a mediator.
Otherwise, the consumer may refer to the court of his choice. However, Ecmo is always open to finding an amicable solution before any legal action.
