GENERAL SALES TERMS & CONDITIONS FOR ESTEBAN ON-LINE SHOPPING
www.esteban.fr is a service of ESTEBAN SAS (see our legal notes).
Article 1 – INTRODUCTION
The purpose of these General Sales Conditions (hereafter referred to as the "GSC") is to define the sales conditions and methods relating to the products offered by ESTEBAN (hereafter referred to as the "Products") on its Website, www.esteban.fr (hereafter referred to as the "Website").
Orders can only be placed by a Customer resident in France or in the following countries: Austria, Belgium, Czech Republic, Denmark, Finland, Germany, Greece, Hungary, Ireland, Luxembourg, Monaco, the Netherlands, Poland, Portugal, Spain, Sweden (hereafter referred to as the "Customer").
The Customer can only buy Products on a strictly personal basis. The Customer is forbidden from buying Products with a view to selling them on or making any other professional use thereof.
Every order placed by the Customer implies, ipso jure, without restriction or reservation, his/her irrevocable acceptance of the GSC. Thus, only the clauses in the GSC are deemed authentic between ESTEBAN and the Customer, to the exclusion of all others.
ESTEBAN reserves the right to change its GSC at any moment, without warning. The new version of the GSC is applicable to orders placed after this version has been put on line on the Website. ESTEBAN thus advises its Customers to acquaint themselves regularly with the latest version of the applicable GSC.
Article 2 – PRODUCTS
The main characteristics of the Products sold by ESTEBAN are described on the Website www.esteban.fr The Products on offer comply with the French legislation in force and with the standards applicable in France.
The Products can be bought subject to availability. When a Customer places an order on the Website, he/she is informed whether the Products ordered are available.
However, in the event that a Product ordered by the Customer subsequently becomes unavailable, ESTEBAN will inform the Customer by e-mail as soon as possible. This being the case:
- if all the Products included in the order are unavailable, the order will automatically be cancelled and the Customer's bank account will be credited within a maximum of 30 days following validation of his/her order,
- if only certain Products included in the order are unavailable, the Customer can then decide to replace the missing Product(s), to maintain the order or to cancel all or part of the order.
www.esteban.fr is a retail trading site. ESTEBAN does not aim to sell the Customer the Products proposed in quantities that exceed the usual quantities intended to meet the Customer's personal requirements. Consequently, ESTEBAN reserves the right to refuse excessive orders, whether terms of volume or frequency.
Article 3 – LEGAL GUARANTEE
The Customer benefits from the legal guarantees applicable, under the conditions set out in articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and articles 1641 and 1648 of the Civil Code, reproduced hereunder.
Article L211-4 of the Consumer Code
The seller is obliged to supply an item that complies with the contract and is responsible for conformity defects existing when it is delivered.
The seller is also responsible for conformity defects resulting from the packaging, the assembly instructions or installation, when these were entailed in the contract or carried out under its responsibility.
Article L211-5 of the Consumer Code
To comply with the contract, the item must be:
1° Appropriate for the generally expected use of a similar item and, if need be:
- correspond to the description given by the seller and have the qualities that the latter has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer may legitimately expect in respect of the public statements made by the seller, the producer or by the latter's representative, particularly in advertisements or on labels;
2° Or present those characteristics defined by joint agreement between the parties or be appropriate for any special use sought by the buyer, brought to the knowledge of the seller and agreed by the latter.
Article L211-12 of the Consumer Code
Any action resulting from a conformity defect has a two-year timescale from the date that the item was supplied.
Article 1641 of the Civil Code
The seller is obliged to provide a guarantee covering hidden defects in the item sold that renders it inappropriate for the intended use, or that reduce this use to such an extent that the buyer would not have acquired it, or would have paid less for it, if he/she had been aware of them.
Article 1648 of the Civil Code
Any action resulting from redhibitory defects must be instigated by the buyer within two years of the discovery of the defect.
Article 4 – PRICE AND TERMS OF PAYMENT
The Product price is billed to the Customer based on the price in force at the time the order is placed.
ESTEBAN reserves the right to change its prices at any moment, without warning. The new prices are applicable to orders placed as soon as they have been put on line on the Website www.esteban.fr.
The prices indicated on the Website are in Euros and include all taxes but do not include delivery.
There are fixed delivery charges. The Customer is informed of the amount of the delivery charges before the order is confirmed.
4.2 Terms of payment
The order (price and delivery charges) can be paid only: - by debit card CB – VISA and MASTERCARD. The Customer's bank account will be debited when the order is confirmed.
4.3 Secure payment
The Website www.esteban.fr comprises a SSL secure payment system. The Website www.esteban.fr uses the PAYBOX SERVICES secure payment system and is linked to the CIC bank. Under its policy of checking orders and the quality of payments, ESTEBAN may ask the Customer for a copy of an identity document and proof of residence. The order will then only be validated after receipt and verification of the documents supplied by the Customer. The customer confirms that he/she has all the authority needed to use such a method of payment chosen by him/her when confirming the order.
A detailed invoice, which can be printed from the Customer's account, is accessible after delivery of the Products ordered.
4.5 Litigation or Refusal to pay
In the event of a bank refusing to pay ESTEBAN, ESTEBAN reserves the right to (i) suspend the management and delivery of the contentious order, or (ii) refuse or cancel the order by the Customer with whom there may already have been an ongoing dispute relating to payment of an order.
Article 5 – ORDER
Orders are placed only on the Website www.esteban.fr, following the instructions given on the site. To recap, the Customer declares that he or she has read and agreed to the GSC before formalizing the order.
Any order validated by the Customer using the "double click" procedure ((i) placing the order, and (ii) possibility of changing it before confirming it through validation) constitutes an irrevocable acceptance of the order, subject to specific GSC conditions such as the right of retraction or the unavailability of stocks.
The data registered by ESTEBAN and its information systems provide proof of all the transactions between ESTEBAN and the Customer. As soon as the order has been validated, ESTEBAN sends the Customer a confirmation e-mail summarizing all the details of the order.
Article 6 – DELIVERY
6.1 Delivery methods
Parcels are only delivered in France and in the following countries: Belgium, Netherlands, Germany, Luxembourg, Spain, Austria, Denmark, Hungary, Ireland, Poland, Czech Republic, Estonia, Sweden, Greece, Finland.
Deliveries are made through the postal services, using the Colissimo Expert system, or through any other service chosen by ESTEBAN. Products are delivered to the address indicated by the Customer in the order form.
If the Customer wants delivery to be made to different addresses, he/she must place separate orders. ESTEBAN sends each Customer an e-mail advising when the order has been despatched.
6.2 Delivery deadlines
Orders are sent out to the Customer within a maximum of 8 (eight) working days from confirmation of the order. The time taken for the chosen haulage company to ship the parcel is added to the preparation time (on average 48h for France and 7 (seven) days for abroad). The Customer is informed by e-mail of any delivery delays.
6.3 Delivery follow-up
Each Customer can follow the progress of his/her order handled by ESTEBAN by going on the Website, in the "My Account" section. The Customer can click on the parcel number transmitted in the order despatch e-mail, which also figures in the "Order follow-up" section of the Website.
La Poste proposes an order progress monitoring service accessible from the www.Coliposte.net site by entering the parcel number. This service is independent of ESTEBAN.
6.4 Delivery delays
If the maximum despatch date indicated in paragraph 6.2 is exceeded by more than seven (7) days, and not due to a case of force majeure, the Customer is entitled to cancel his/her order in respect of the undelivered Product(s), under legal terms and deadlines.
The Customer will then be reimbursed according to the conditions in the Product Reimbursement paragraph of the RIGHT OF RETRACTION Article.
6.5 Failure to receive parcels
If, when the parcel is delivered to the address given by the Customer, the latter is not present or refuses the parcel, it will be deposited at the Post Office nearest his/her home, from where the Customer can collect it during a period of fifteen (15) days, on presentation of the non-delivery notice note left in his/her letterbox.
At the end of this fifteen (15) day period, the Post Office will send any unclaimed parcel back to ESTEBAN. If a parcel is returned to ESTEBAN for a reason attributable to the Customer, such as "unclaimed parcel", or "no longer lives at the address indicated", ESTEBAN informs the Customer concerned by e-mail. In this event, with the Customer's agreement, the parcel will be sent again, the cost of this second despatch being paid by the Customer.
An e-mail will indicate to the Customer the procedure to be followed for the payment of these postal charges. In all other cases, the parcel will be retained by ESTEBAN for sixty (60) days. After this deadline, ESTEBAN may decide to destroy the returned Product(s), without warning or formal notice. This destruction does not entitle the Customer to receive any reimbursement, replacement or compensation The Customer will not be reimbursed for the price of the order or for delivery charges.
6.6 Damaged products delivered
In the event that damaged Product(s) are delivered, the Customer is under an obligation to inform the Post Office of this fact by registered letter with acknowledgement of receipt within seventy-two (72) hours (working hours) following delivery of the parcel.
This claim must include the reason and must describe the condition in which the Product(s) and their packaging were delivered to the Customer. Customers are advised to examine their parcels in the presence of the deliveryman and to note any reservations on the delivery note, a copy of which should be kept by the Customer.
Within this same seventy-two (72) hour timescale, the Customer must send a duplicate of the complaint to Customer Service on the Website www.esteban.fr, by e-mail or by registered letter with acknowledgement of receipt, to the addresses given in the Customer Service and Complaints article of the GSC. ESTEBAN will then contact the Customer by e-mail to arrange for the Product(s) to be returned at ESTEBAN's expense.
The Customer then has the following options: - maintain the order the obtain another delivery (unless the Product is unavailable), which will lead to a new delivery date, or, - cancel the order, upon which ESTEBAN will reimburse the price paid under the conditions and methods defined in the Product Reimbursement paragraph of the RIGHT OF RETRACTION Article.
Article 7 - RIGHT OF RETRACTION
7.1 Exercising the right of retraction
In accordance with the clauses of articles L.121-20 and subsequent articles of the Consumer Code relating to the right of retraction, on receipt of the order the Customer has a legal period of fourteen (14) clear days during which he/she can return the Product(s) ordered to ESTEBAN. If this period ends on a Saturday, Sunday or a bank holiday or non-working day, it is extended to the next working day thereafter. When this period expires, the right of retraction becomes null and void and the Customer can no longer return the Product(s) ordered under this right of retraction. The right of retraction is deemed to have been exercised the day that the Product(s) are returned, by registered letter with acknowledgement of receipt, according to the procedure indicated on the Website www.esteban.fr. This return is at the Customer's expense. The Product(s) must be returned intact, clean and complete (i.e. in perfect condition to be resold, not altered, in their original packaging), accompanied by any notices and accessories. When returning the Product(s), the Customer must write legibly on the parcel the invoice number or the return number that he/she was allocated. The Customer must also include a copy of the invoice in the parcel. It is the responsibility of the Customer exercising this right of retraction to retain proof that he/she has sent back the goods (presentation of a registered mail receipt, presentation of a document supplied by the haulage company, etc.). Before making the reimbursement, ESTEBAN reserves the right to make the necessary checks in the event of any discrepancy between the Product(s) returned and the attached invoice or return number.
7.2 Product Reimbursement
The Customer will be reimbursed an amount equal to the price of the returned Product(s) plus postal charges incurred in respect of the cancelled order. The cost of returning the Product(s) will be borne by the Customer. This reimbursement will be credited to the bank account from which the payment received by ESTEBAN was made. The returned Product(s) will be reimbursed within a maximum of thirty (30) days from the moment that the right is exercised. In the event that the Customer makes several abnormal or improper returns, ESTEBAN reserves the right to refuse any subsequent orders.
Article 8 – CUSTOMER SERVICE AND COMPLAINTS
Internet Customer Service is at the Customers' disposal for any information, from Monday to Friday: - by e-mail : [email protected] - by post at the following mailing address: ESTEBAN - BP 15 - Internet Customer Service - 34880 LAVERUNE - FRANCE
ESTEBAN undertakes to make every effort to answer Customers as soon as possible.
Article 9 – LIABILITY
ESTEBAN's liability is not incurred and ESTEBAN can under no circumstances be held responsible for damage of any kind, both material and immaterial, indirect, or corporal, that could result from:
- The Customer's improper use of the Product(s), in contradiction with the uses, usual rules of precaution and information advice provided,
- A difference between the photographs and texts reproduced illustrating the Product(s) offered and their characteristics, supplied for information purposes and non-contractual. ESTEBAN does not aim to sell its Products to professionals.
Therefore ESTEBAN will incur no liability in the event of direct or indirect damage suffered by a professional. ESTEBAN's liability will not be incurred in the event of a case of force majeure, i.e. an event that is irresistible and unpredictable.
Article 10 – MISCELLANEOUS
10.1 Invalidity or illegality of a clause
In the event that one of the clauses in these GSC is deemed invalid or illegal, the validity and legality of the other clauses will not be affected.
10.2 Intellectual property
All the texts, comments, illustrations, images and any other element on the Website www.esteban.fr are the total and entire property of ESTEBAN. In this respect, any reproduction, representation, modification, adaptation or use of any of these elements whatsoever is forbidden and is considered to be a counterfeit that may incur the civil and penal liability of the counterfeiter.
10.3 Personal data
Information and personal data given by the Customer to ESTEBAN are intended to be used by ESTEBAN's internal services and by its service providers, in order to process the Customer's order. ESTEBAN may pass on this information to third parties.
ESTEBAN may propose offers from ESTEBAN partners to those Customers that so desire. In this case, ESTEBAN guarantees the confidentiality of the Customer information. The offers will be routed either by ESTEBAN or a trusted partner. In accordance with law n° 78-17 of 6 January 1978 relating to Computer systems, Files and Freedom, the Customer may exercise his/her right of access, correction and deletion of the information related to him/her by writing to:
- The Website www.esteban.fr, in the Contact section, Customer Service, or directly by e-mail to [email protected]
- or by post (indicating his/her e-mail address, surname, first name and postal address) to the following address:
ESTEBAN - BP 15 – Internet Consumer Service -34880 LAVERUNE- France
10.4 Applicable law and Attribution of jurisdiction
These General Sales Conditions will be subject to French law. If a prior amicable settlement between ESTEBAN and the Customer should fail, all differences arising as part of the relations between the Customer and ESTEBAN will be submitted to the jurisdiction of the relevant courts.