Terms of use

General Terms and Conditions of Sale

Version : 4.2 2025-04

Article 1 - IDENTITY AND CONTACT DETAILS OF THE SELLER

ESTEBAN BOUTIQUE

ZAC Descartes - rue du Perpignan CS 40014 LAVÉRUNE 34433 SAINT JEAN DE VÉDAS CEDEX - FRANCE Tel.: 33 (0)467070520 Fax: 33 (0)467070525 Email: [email protected] SAS with a capital of 532,550 Euros - Siret 424724714 - CEE Identification - FR 02424724714.

Article 2 - PURPOSE

These General Terms and Conditions of Sale (hereinafter "GTC") aim to define the conditions and methods of sale of the Products offered by ESTEBAN (hereinafter "the Products") from its website www.esteban.fr (hereinafter "the Website").

ESTEBAN asks the Customer to carefully read these GTC, as well as the Privacy Policy and Cookie Policy, all available on the Website.

The customer (hereinafter "the Customer") only proceeds with the purchase of the Products for strictly personal use. It is therefore forbidden for them to purchase the Products for resale or any other professional, commercial, industrial, craft, or freelance use, except in the case of express acceptance by ESTEBAN. The Customer acknowledges that they are a consumer and undertakes not to engage in the trade of the Products. Similarly, the Products are not intended to be used for advertising, communication, or promotional purposes for any activity or cause.

Any order placed by the Customer implies, without restriction or reservation, their irrevocable acceptance of the GTC, which they acknowledge having read. Thus, only the provisions of these GTC are binding between ESTEBAN and the Customer, to the exclusion of any other provisions.

IF THE CUSTOMER DOES NOT WISH TO BE BOUND BY THE GTC, THEY SHOULD NOT PLACE ANY ORDERS.

ESTEBAN reserves the right to modify its GTC at any time without notice. The new version of the GTC applies to orders placed from the time the new version of the GTC is posted on the Website. ESTEBAN therefore recommends that its Customers regularly review the latest version of the applicable GTC before placing an order. These GTC were last updated on the date indicated in the title.

Article 3 - PRODUCTS

3.1 Characteristics

The essential characteristics of the Products marketed by ESTEBAN are described on the Website www.esteban.fr. The Products offered comply with the current legislation and applicable standards in the countries of delivery.

ESTEBAN does not provide spare parts for its Products. It is understood that our Products must be stored, handled, and used according to our instructions, within an appropriate time frame, and in compliance with the usual safety rules.

ESTEBAN invites the Customer to carefully read the information on the products, user manuals, and safety alerts.

3.2 Availability

The Products are available for purchase within the limits of available stock. When a Customer places an order on the Website, they are informed of the availability of the Products they wish to order.

However, if a Product ordered by the Customer is subsequently found to be unavailable, ESTEBAN will inform the Customer by email as soon as possible. In this case:

if all the Products in the order are unavailable, the order will then be automatically canceled, and the Customer's bank account will be credited within 14 (fourteen) days following the placement of their order,

if only some of the Products in the order are unavailable, the Customer can then choose to replace the missing Product, maintain their order, or cancel all or part of their order.

3.3 Quantity

www.esteban.fr is a retail sales website. ESTEBAN does not intend to sell the Customer the Products offered in quantities exceeding the usual quantities intended to meet the Customer's private needs. Consequently, ESTEBAN reserves the right to refuse excessively large or frequent orders.

Article 4 - LEGAL WARRANTIES AND COMMERCIAL WARRANTY

4.1 Legal Warranties

The Products benefit from the legal warranty of conformity provided for in Articles L. 217-3 to L. 217-20 of the Consumer Code and the warranty against hidden defects in the sold item under the conditions provided for in Articles 1641 to 1649 of the Civil Code.

It is specified that ESTEBAN is responsible for the above-mentioned legal warranties.

4.2 Commercial Warranty

A commercial warranty is any contractual commitment by a professional to a consumer for the refund of the purchase price, replacement, or repair of the item, in addition to their legal obligations to guarantee the conformity of the item and the absence of hidden defects.

No commercial warranty is granted by ESTEBAN.

4.3 Methods of Implementing Legal Warranties

The Customer has a period of two years from the delivery of the item to obtain the implementation of the legal warranty of conformity in the event of a conformity defect. During this period, the Customer only needs to prove the existence of the conformity defect and not the date of its appearance.

The legal warranty of conformity gives the Customer the right to repair or replacement of the item within thirty days following their request, without charge and without major inconvenience to them.

If the item is repaired under the legal warranty of conformity, the Customer benefits from a six-month extension of the initial warranty.

If the Customer requests the repair of the item, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the item.

The Customer may obtain a reduction in the purchase price while keeping the item or terminate the contract by obtaining a full refund in exchange for the return of the item, if:

ESTEBAN refuses to repair or replace the item;

The repair or replacement of the item occurs after a delay of thirty days;

The repair or replacement of the item causes a major inconvenience to the Customer, particularly when they permanently bear the costs of taking back or removing the non-conforming item, or if they bear the costs of installing the repaired or replacement item;

The non-conformity of the item persists despite ESTEBAN's unsuccessful attempt to bring it into conformity.

The Customer is also entitled to a reduction in the price of the item or termination of the contract when the conformity defect is so serious that it justifies an immediate reduction in price or termination of the contract. The Customer is then not required to request the repair or replacement of the item beforehand.

The Customer is not entitled to termination of the sale if the conformity defect is minor.

Any period of immobilization of the item for its repair or replacement suspends the warranty that remained to be fulfilled until the delivery of the item restored to its original condition.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

The seller who obstructs the implementation of the legal warranty of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

The Customer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles them to a reduction in price if the item is kept or a full refund in exchange for the return of the item.

For the return of a non-conforming Product or one with a hidden defect, the Customer must contact ESTEBAN's Customer Service, whose contact details are indicated in the "CUSTOMER SERVICE AND COMPLAINTS" article of these GTC, attaching photos of the Product in question, the order number, and the reason for the return. Customer Service will inform the Customer of the procedure to follow for the return of the non-conforming or defective Product and the subsequent refund. ESTEBAN recommends that the Customer keep the shipping notice of the Product as proof of the return. If the existence of the non-conformity or defect is confirmed, ESTEBAN will cover the return shipping costs of the Product.

The warranty does not apply in the event of damage to the Products or caused by the Products due to inappropriate use or storage of the Products or for any other legal exclusion.

Article 5 - PRICES AND PAYMENT METHODS

5.1 Prices

The price of the Products is billed to the Customer based on the current rate at the time of the order. ESTEBAN reserves the right to change its prices at any time without notice. The new rates apply to orders placed after the new rate is posted on the Website www.esteban.fr.

The price of the Products for sale on the Website is indicated in Euros, including VAT. For our Products containing electronic components, the taxes on goods related to the collection and recycling of waste (WEEE) are billed, without margin or discount, in addition to the selling price, at the rate in effect on the date of delivery of the Product.

Prices do not include shipping costs. Shipping costs are flat rates. The amount of the shipping costs is indicated to the Customer before the validation of their order.

5.2 Payment Methods

Payment for the order (price and shipping costs) is made exclusively:

by CB - VISA, MASTERCARD, and AMERICAN EXPRESS credit cards.

Payment for the order is required at the time of its validation, before the shipment of the Products. No shipment will be made without prior payment.

5.3 Payment Security

The Website www.esteban.fr includes an SSL security system. The Website www.esteban.fr uses the secure payment system PAYPLUG. As part of its policy of verifying orders and the quality of payments, ESTEBAN may request a copy of an ID and proof of address from the Customer. The order will then be validated only after receipt and verification of the documents provided by the Customer.

The Customer guarantees that they have the necessary authorizations to use the payment method chosen by them when validating their order.

5.4 Invoicing

A detailed invoice, printable from the Customer's account, is accessible from the delivery of the ordered Products.

5.5 Payment Dispute or Refusal

In the event of payment refusal by a banking institution, ESTEBAN reserves the right to (i) suspend the management and delivery of the disputed order or cancel it and (ii) refuse or cancel any new order from the Customer with whom there is already a dispute related to the payment of an order.

Article 6 - ORDER

Orders are exclusively placed on the Website www.esteban.fr by following the instructions provided for this purpose. As a reminder, the Customer declares having read and accepted the GTC before validating their order.

Any order validated by the Customer through the "double-click" procedure ((i) placing the order and (ii) possibility of modifying it before confirming it by clicking on the VALIDATE AND PAY button) constitutes irrevocable acceptance of the order, subject to the specific provisions of the GTC such as the right of withdrawal or stock unavailability.

The data recorded by ESTEBAN and its information systems constitute proof of all transactions carried out by ESTEBAN and the Customer.

Upon validation of their order, ESTEBAN sends the Customer an email confirming the entirety of their order.

Article 7 - DELIVERY

7.1 Delivery Methods and Transfer of Risks

Packages are only delivered in Metropolitan France (including Corsica) and in the following countries: Monaco, Belgium, Netherlands, Germany, Luxembourg, Austria, Denmark, Hungary, Ireland, Poland, Czech Republic, Estonia, Sweden, Greece, and Finland.

Deliveries are made via the services of the Post Office, according to the Colissimo system, or by any other service chosen by ESTEBAN. When delivery is made by the carrier chosen by ESTEBAN, the risks related to the delivery of the Products are the responsibility of ESTEBAN until delivery.

If the Product is collected in-store or at another collection point, the transfer of risks occurs as soon as the Customer or a third party designated by them takes physical possession.

The Products are delivered to the address indicated by the Customer with each order. If the Customer wishes to be delivered to different addresses, they must place separate orders.

ESTEBAN may be required to make partial deliveries, with additional deliveries then made at ESTEBAN's expense.

ESTEBAN sends each Customer an email shipping notice for their order. It is the Customer's responsibility to organize themselves so that the delivery can be made on the date and under normal conditions. ESTEBAN will not be responsible if the delivery of an order cannot be made due to incorrect or incomplete data. In this case, any new delivery will be billed to the Customer.

7.2 Shipping Costs

For delivery in Metropolitan France (including Corsica):

to a pick-up point: €4.90

to home: €6.90

free shipping from €89 of purchases

For zone 1 (Belgium, Netherlands, Germany, Luxembourg):

home delivery: €9.50

if basket > €69: €6.50

For zone 2 (Austria):

home delivery: €12

if basket > €69: €9

For zone 3 (Denmark, Hungary, Ireland, Poland, Czech Republic) and for zone 4 (Estonia, Sweden):

home delivery: €14

if basket > €69: €11

For zone 5 (Greece, Finland):

home delivery: €15.50

if basket > €69: €12

7.3 Delivery Times

ESTEBAN undertakes to deliver the Products in accordance with the delivery time indicated on the Website or by any other means for each of the Products. In the absence of a specified time, the delivery time for the Product may not exceed thirty (30) days after confirmation of the order.

An email informs the Customer of any delivery delay.

7.4 Tracking Deliveries

Each Customer can track the status of their order processing by ESTEBAN on the Website, in the "My Account" section. The Customer can click on the package number that will be communicated to them in the email shipping notice for their order, which also appears in the "Order Tracking" section of the Website.

The Post Office offers a service for tracking the shipment of orders accessible from the site "www.Coliposte.net" by entering the package number. This service is independent of ESTEBAN.

7.5 Delivery Delay

In the event of a delivery delay, the Customer may terminate the contract, by registered letter with acknowledgment of receipt or by a written document on another durable medium, if, after having requested, by the same means, ESTEBAN to make the delivery within a reasonable additional time, the latter has not complied within this time. The contract is considered terminated upon receipt by ESTEBAN of the letter or written document informing them of this termination, unless the professional has complied in the meantime. The Customer will then be refunded within 14 days following the date on which the contract was terminated.

In the event of a delivery delay and if it appears that this delay constituted an essential condition of the contract for the Customer, the Customer may immediately terminate the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or an express request from the Customer before the conclusion of the contract. In this case, the contract will be considered terminated upon receipt by ESTEBAN of the letter or written document informing them of this termination. In the event of termination for delivery delay of the Product(s), ESTEBAN undertakes to refund the Customer the full amount paid, within fourteen (14) days following the date on which the Customer terminated the contract.

7.6 Non-Receipt of Packages

If, during delivery to the address indicated by the Customer, they are not present or refuse the package, the package will be deposited at the nearest Post Office to their home, where the Customer can collect it for a period of fifteen (15) days, upon presentation of the notice of passage left by the Post Office in their mailbox.

After this period of fifteen (15) days, the Post Office returns to ESTEBAN any unclaimed package. If a package is returned to ESTEBAN for a reason attributable to the Customer, such as "unclaimed" or "does not live at the indicated address," ESTEBAN will inform the concerned Customer by email.

In this case, with the Customer's agreement, the package will be resent, with the reshipment costs being borne by the Customer. An email will inform the Customer of the procedure to follow for the payment of these shipping costs.

In all other cases, the package will be kept by ESTEBAN for sixty (60) days. After this period, ESTEBAN may decide to keep the Products thus returned, without notice or formal notice, without this opening any right to refund, replacement, or compensation for the Customer. The Customer will not be refunded for the price of the order or the shipping costs.

7.7 Product Damaged Upon Delivery

In the event that the Products are delivered damaged, the Customer must imperatively notify this to the Post Office by making reservations on the delivery note or by registered letter with acknowledgment of receipt within seventy-two (72) hours (working hours) following the delivery of the package.

This claim must be justified and describe, in particular, the condition in which the Products and their packaging were delivered to the Customer. It is recommended to examine the package in the presence of the delivery person and to note any reservations on the delivery note, a copy of which the Customer must keep.

Within the same seventy-two (72) hour period, the Customer must send a copy of their claim to ESTEBAN's Customer Service on the Website www.esteban.fr, by email or by registered letter with acknowledgment of receipt, to the addresses indicated in the "Customer Service and Complaints" Article of the GTC.

ESTEBAN will then contact the Customer by email to organize the return of the Products at ESTEBAN's expense. Furthermore, the Customer will have the following choice:

maintain their order and obtain a new delivery (except in the event of Product unavailability), which will start a new delivery time, or,

terminate the order, with ESTEBAN proceeding with the refund of the price paid within 14 days following the date on which the contract was terminated.

Article 8 - RIGHT OF WITHDRAWAL

The Customer has, from the receipt of the Products, a withdrawal period of fourteen (14) days to exercise their right of withdrawal, without having to justify themselves or pay a penalty.

Online purchases can only be returned through the channel provided in this article. No return will be accepted in a physical store.

8.1 Exercise of the Right of Withdrawal

The Customer must inform ESTEBAN, within the fourteen (14) day period, of their decision to withdraw by sending them:

by any written means (letter, email) expressing their wish to withdraw to the address below;

ESTEBAN BOUTIQUE

ZAC Descartes - rue du Perpignan

CS 40014

LAVERUNE

34433 SAINT JEAN DE VÉDAS CEDEX - France

Email: [email protected]. or

by filling out and submitting online the withdrawal form available here.

In this case, ESTEBAN will acknowledge receipt of the withdrawal form to the Customer upon receipt. In the event of an order for several Products delivered separately, the Customer has a withdrawal period of fourteen (14) days from the receipt of the last Product.

The return shipping costs are the responsibility of the Customer. These costs are estimated at a maximum of approximately 30 EUROS (however, this is only an estimate).

When the Customer exercises their right of withdrawal, the Customer undertakes to return the Products within fourteen days following the communication of their decision to withdraw. This return must be made in compliance with the constraints related to the nature of the Products and under appropriate conditions, namely a perfectly suitable mode of transport for the Products, particularly fragile or requiring the respect of certain temperatures.

Failure to return the Products within the above-mentioned period will result in the maintenance of the sale and the refund provided for in Article 8.2 will not take place. The Products must imperatively be returned intact, clean, and complete (i.e., in perfect condition for resale, unmodified, unused, in their original packaging, accompanied by any instructions and accessories).

The Customer must return the Products clearly indicating on the package the number of their invoice or the return number that will have been assigned to them. The Customer must also include a copy of their invoice in the package. It is the responsibility of the Customer exercising their right of withdrawal to reserve proof of the reshipment of the merchandise by them (presentation of a receipt of registered mail, presentation of a document provided by the carrier, etc.).

Prior to the refund, ESTEBAN reserves the right to verify that the Products are in perfect condition for resale, unmodified, unused, in their original packaging, and to carry out the necessary verifications in the event of a discrepancy between the returned Products and the attached invoice or return number.

8.2 Refund of Products

The Customer will be refunded an amount equal to the price of the returned Products plus the initial shipping costs they paid for the disputed order, with the exception of additional shipping costs if the Customer expressly chose a more expensive shipping method than the standard shipping method offered by ESTEBAN. The return shipping costs for the Products, the maximum estimated amount of which is indicated above, will remain the responsibility of the Customer.

This refund will be credited to the bank account from which the payment received by ESTEBAN was made. The refund will take place within fourteen (14) days following the date on which ESTEBAN was informed of the Customer's decision to withdraw, subject to the receipt of the Products in good condition or the provision by the Customer of proof of the effective shipment of the Products, subject to their condition upon receipt. ESTEBAN makes the refund using the same payment method as that used by the Customer when validating the order, unless the Customer expressly agrees to the refund of the amount by another payment method and provided that the refund does not incur any costs for the Customer.

Article 9 - CUSTOMER SERVICE AND COMPLAINTS

ESTEBAN's Customer Service is available to Customers for any information, from Monday to Friday:

by email: [email protected]

by mail to the following postal address:

ESTEBAN BOUTIQUE

Customer Service

ZAC Descartes - rue du Perpignan CS 40014 LAVERUNE 34433 SAINT JEAN DE VÉDAS CEDEX - FRANCE ESTEBAN undertakes to do everything possible to respond to the Customer as soon as possible. Receivable complaints are processed within a normal period of 30 days, with a maximum processing time of 45 days.

Article 10 - LIABILITY

ESTEBAN's liability cannot be engaged, and ESTEBAN cannot be held responsible in any way for material or immaterial, indirect, or bodily damages that may result from:

improper use of the Products by the Customer, contrary to the uses, usual rules of prudence, and information notices provided,

a discrepancy between the photographs and texts reproduced illustrating the Products offered and their characteristics, communicated for illustrative and non-contractual purposes.

The Customer alone assumes responsibility for a violation of the provisions of the GTC relating to the use of the Products for unauthorized purposes (resale, commercial use, marketing use, etc.), non-compliant with uses and basic safety rules. The Customer must then indemnify ESTEBAN against all claims, actions, liabilities, expenses, losses, damages, and costs resulting from such a violation.

The liabilities of ESTEBAN and the Customer cannot be engaged, and no compensation can be awarded in the event of non-compliance with or delay in the performance of one of their obligations when this non-compliance or delay is due to the occurrence of a force majeure event, i.e., an irresistible event, beyond the respective control of ESTEBAN and the Customer and unforeseeable according to the criteria traditionally retained by case law.

Article 11 - MISCELLANEOUS

11.1 Nullity or Illegality of a Clause

In the event that one of the provisions of these GTC is deemed null or illegal, the validity and legality of the other provisions will not be affected.

11.2 Intellectual Property

All texts, comments, works, illustrations, images, and any other element appearing on the Website www.esteban.fr are the full and entire property of ESTEBAN. As such, any reproduction, representation, modification, adaptation, or use of any of these elements is prohibited and constitutes infringement that may engage the civil and criminal liability of the infringer.

11.3 Personal Data

ESTEBAN undertakes to protect the privacy of individuals regarding personal data. ESTEBAN ensures that its policies and practices regarding the collection, use, retention, transfer, and access to personal data comply with the requirements of Law No. 78-17 of January 6, 1978 (and its subsequent amendments) relating to data processing, files, and freedoms and the General Data Protection Regulation of the European Union of April 27, 2016 (hereinafter "GDPR").

Information relating to the processing of personal data is accessible on the Website www.esteban.fr in the "Privacy Policy" section. This section can be directly accessed by clicking on the following link: https://www.esteban.fr/fr/content/22-politique-de-confidentialite.

11.4 Written Communications and Durable Medium:

The applicable regulations require that some of the information or communications that ESTEBAN sends to the Customer be made in writing or on a durable medium.

The Customer, by using this Website, consents to most communications being electronic. Thus, ESTEBAN communicates with the Customer by email sent to their personal email address or by message sent to their account. The Customer consents to using this means of electronic communication and acknowledges that the legal requirement for written or durable medium communication is met.

You are invited to keep the GTC and any element related to your order on a durable medium.

11.5 Dispute Resolution and Applicable Law

These GTC are subject to French law. However, in the event of a dispute, the Customer will have the possibility of seeking, prior to any legal action, an amicable resolution of the dispute. The Customer may then contact the Customer Service, whose contact details are mentioned in the "CUSTOMER SERVICE AND COMPLAINTS" article.

In the event of failure of the complaint made to the Customer Service, the Customer may, before any legal action, submit the dispute that opposes them to ESTEBAN to the mediator MCP MEDIATION, www.mcpmediation.org, who will attempt, independently and impartially, to bring the parties closer together to reach an amicable solution.

Contact address: MÉDIATION DE LA CONSOMMATION & PATRIMOINE - 12 Square Desnouettes - 75015 PARIS

In the absence of a prior amicable settlement between ESTEBAN and the Customer, all disputes arising from the relationship between the Customer and ESTEBAN will be submitted to the competent courts.