Preamble
We are pleased to welcome you to the "eq-love.com" website. The purpose of this document is to inform you about EQ France and its General Terms and Conditions of Sale.
These General Terms and Conditions of Sale apply to all orders for products (the "Product(s)") placed on the "www.eq-love.com" website, (hereinafter referred to as the "Site").
These General Terms and Conditions of Sale are concluded on the one hand between: "EQ FRANCE", whose headquarters are located at 9 rue de la Négresse - 64200 BIARRITZ - FRANCE, registered in the BAYONNE Trade and Companies Register under number 752 321 778, Intra-Community VAT identification number EN 95 752 321 778. Email address: contact@eq-france.com Telephone number: +33 (0)5 59 43 86 02 Hereinafter referred to as "EQ FRANCE" or "EQ" or the "Seller" or the "Company" And, on the other hand, - any individual or legal entity wishing to make a purchase via the "www.eq-love.com" website, hereinafter referred to as the "Buyer" or the "Customer". The parties agree that their relationship will be governed exclusively by this contract, to the exclusion of any terms and conditions previously available on the Site. However, if a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector, whose companies are headquartered in France. The Customer acknowledges, prior to placing an order, to have read all the aforementioned information and the General Terms and Conditions of Sale.
The Customer acknowledges having been informed, prior to placing their order, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information and details referred to in Articles L111-1 to L111-7 of the French Consumer Code, especially: - the key characteristics of the Product, taking into account the medium of communication used and the product concerned; - the price of the Products and related costs (e.g. delivery); - in the absence of the immediate execution of the contract, the date or time limit by which the Seller agrees to deliver the Product; - information relating to the Seller's identity, their physical address, telephone number and electronic contact information as well as their activities, if not apparent from the context; - information relating to legal and contractual guarantees and the terms of their implementation; - the possibility of resorting to conventional mediation in the event of a dispute; - information on the right of withdrawal (existence, conditions, time limits, procedures for exercising this right and standard withdrawal form), the cost of returning the Products, procedures for terminating the contract and other important contractual conditions; The fact that a natural person (or legal entity) places an order on this Internet site implies full and complete acceptance of these General Terms and Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
Article 1 - Purpose
Application Fields
These Terms and Conditions of Sale seek to define the contractual conditions (Rights and Obligations) between EQ FRANCE and the Buyer, the consumer, in the context of the sale of products by EQ FRANCE made through its Site: www.eq-love.com. Important: this contract consists of the current General Terms and Conditions of Sale and the order form. The Products offered for sale presented in the catalog published on the Site are each described by mentioning their key characteristics in terms of Article L. 111-1 of the French Consumer Code. The Customer is required to refer to the description of each product in order to understand its key properties and characteristics. The photographs or graphics presented do not constitute contractual documents and do not engage the responsibility of the Seller. Duration of application of and modifications to the General Terms and Conditions of Sale EQ FRANCE reserves the right to adapt or modify these General Terms and Conditions of Sale at any time and without notice. In the event of any modification, the General Terms and Conditions of Sale in force on the day of the order will be applied to each order. The Buyer must be at least eighteen (18) years of age, legally capable of entering into a contract and capable of using this Site in accordance with these terms and conditions. The resale or distribution of products purchased on www.eq-love.com is prohibited.
Article 2 - Product Availability
Product offers and prices are valid as long as they are visible on the Site, subject to availability. In the event that Products become unavailable after the order has been placed, the Customer will be informed via e-mail or telephone as soon as possible. EQ FRANCE will offer to supply a similar Product at the same price. If not accepted, and payment has already been debited, it will reimburse the amount within a maximum period of thirty (30) days. Due to the specific characteristics of the Internet, EQ FRANCE does not guarantee the availability of all Products and services in real time on its Site.
Article 3 - Orders
You can, of course, freely browse our Site without being committed to ordering. If you wish to place an order, you will need to follow the various steps as outlined on our Site. Your order is completed online via a succession of screens indicating the various steps you'll need to follow before definitively confirming your order. You can, at any time, check the contents of your basket as well as the corresponding price and make any necessary changes until the final confirmation of your order. As soon as your order has been confirmed, an email will be sent to you which summarizes all the items in your order (Product(s), quantity, delivery terms, etc.). Your order will then be processed by our Company, subject to payment of the price. The order form will be recorded in the electronic records of EQ FRANCE and will be considered as proof of the contractual relationship and its date. We reserve the right to refuse or cancel any order from a customer with whom there is an outstanding balance or a dispute relating to the payment of a previous order or for any other reason that EQ FRANCE would consider legitimate. Order confirmation will be sent to the Buyer as soon as possible via email and, at the latest, 3 days after confirmation of the actual payment, subject to the Buyer supplying a valid email address which is not subject to any restriction of use (professional email address, for example). In the event that an email is not supplied or if the email address is invalid, EQ FRANCE cannot be held responsible for non-receipt of the order confirmation containing the contractual information and proof of the transaction.
Article 4 - Price
Prices are valid as long as they are visible on the Site, and while supplies last. EQ FRANCE reserves the right to modify prices at any time and agrees to apply the price in effect on the date of the order confirmation, subject to the availability of the Product ordered on that date. Prices are quoted in Euros and/or GBP including all taxes. They take into account the VAT applicable on the order date. They do not include delivery costs, which are invoiced separately and will be specified in the order confirmation. For delivery within the European Union, prices take into account the VAT applicable on the order date. As such, they are displayed including VAT. No other customs duties or VAT will charged for deliveries within the European Union. Any change in the applicable rate may be passed on to the selling price of the Products in the catalog. For deliveries outside the European Union, the Customer must pay customs duties or other taxes due upon importation of the Products into the country of the place of delivery. The formalities relating thereto shall also be the sole responsibility of the Customer, unless otherwise specified. The Customer is solely responsible for verifying the possibility of importing the Products ordered with regard to the laws of the country of delivery.
Article 5 - Payment Method
It is hereby specified that any payment will be made immediately via the internet. EQ FRANCE shall provide to the Buyer the means of payment via Paypal, CB Visa and MasterCard, offering maximum security and guarantees. EQ FRANCE is the sole recipient of data related to the Customer's order. Every Buyer has the right to access, correct and delete his or her own personal data processed by EQ FRANCE under the conditions specified in the "Personal Data & Cookies" charter. EQ FRANCE reserves the right to refuse any order from a Buyer with whom a payment dispute is in progress or from a Buyer who has not paid in whole or in part for a previous order.
Article 6 - Retention of Title
The transfer of risks shall take effect when the Products ordered on the website are actually delivered. The documents provided to the Customer are governed by the Intellectual Property Code. They therefore remain the property of EQ FRANCE. It is therefore forbidden to reproduce, transfer or make use of the documents provided without EQ FRANCE's consent.
Article 7 - Invoicing
An invoice will be automatically sent to the Customer as soon as the order is placed. This will be sent to the email address specified by the Customer upon placing the order, unless otherwise indicated by the Customer.
Article 8 - Delivery
The Products ordered, available and paid for will be delivered to the address specified as the delivery address on the order and according to one of the following methods that were selected at the time the order was placed, the terms of which are offered on the confirmation module of the chosen delivery method. As a reminder, products purchased from www.eq-love.com can be delivered to the following countries: Algeria, Andorra, Armenia, Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Malta, Mauritania, Moldova, Morocco, Netherlands, Norway, Poland, Portugal, Romania, Senegal, Sicily, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tunisia, Turkey, United Kingdom, United States. A summary document will be attached to every order (notifications required by Article L 121-19 of the Consumer Code) which lists: - identification and contact details of the Company, - delivery costs, - payment and delivery terms, - key Product characteristics, - price If the Products ordered are not delivered within the time limit, for any other reason than force majeure or the fault of the Customer, the sale may be canceled per the Customer's written request under the conditions provided for in Articles L 138-2 and L 138-3 of the Consumer Code. The price paid by the Customer will then be refunded, at the latest, within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or withholding. If, by error, the Products are delivered after this refund, the Customer agrees to return them or to pay their cost to EQ FRANCE. No compensation or penalty for late delivery or failure to deliver other than reimbursement of the Products concerned may be claimed from EQ FRANCE, whatever the causes and consequences, direct or indirect. You must check the conformance of the Products delivered at the time of delivery and before signing the carrier's delivery slip. You must indicate on the delivery slip and in the form of handwritten reservations accompanied by your signature, any anomaly concerning the delivery (open package, damaged Product etc.). This verification shall be considered to have been executed once the Buyer (or other authorized person) signs the delivery slip. If the delivery person refused to wait, you must indicate on the delivery note: "The delivery person did not want to wait for the item to be unpacked". In the event of non-conformity or defect of the Products purchased, you may return them and request an exchange or refund under the conditions specified in Article 12. You must, in your capacity as Buyer or recipient of the order, verify, upon receipt of the package and without delay, the apparent condition of the package and the compliance of the products shipped with the order. If you find any anomalies on the packaging (open package, damaged, etc.), you must: - not open the package in the context of a Relay Point delivery, return it to the Relay Point within 3 working days, establish a report at the Relay Point and contact our customer service by any means within 7 working days by indicating your name, address, email address, order number and order date, product reference number, quantity and detailed reason for your complaint. - refuse the package in the context of an Exapaq or Fedex delivery to your home or workplace and contact us by any means within 7 working days, indicating your name, address, email address, order number and order date, product reference number, quantity and detailed reason for your complaint. If you find that the product itself is damaged, defective or in non-conformance with the original order, you must notify us by e-mail and return it to us within 7 working days of receipt, in its original packaging, indicating your name, address, email address, order number and order date, product reference number, quantity and detailed reason for your complaint. For further information regarding delivery, please consult our Delivery and Returns section.
Article 9 - Right of Withdrawal
In accordance with articles L121-20 and following the Consumer Code, you have a period of fourteen (14) clear days to exercise your right of withdrawal without having to justify your reasons or pay any penalties with the exception, where applicable, of the return costs. The fourteen (14) day period runs from the date of receipt of the products ordered. The products must be returned within a period not exceeding fourteen (14) days, adequately protected, in their original packaging, in perfect condition for resale (unopened, undamaged, unbroken and unsoiled by the Customer), accompanied by any accessories, instructions for use and documentation to the address indicated below, accompanied by the sales invoice: EQ FRANCE Customer Service - 9 rue de la Négresse - 64200 BIARRITZ, FRANCE The costs and risks related to the return of the product are the responsibility of the Customer sending it back. Return of products will result in a refund equal to the purchase price of the product(s) purchased. As soon as the return is processed, the amount of the refund will be communicated to the Customer via email and credited to the payment method used for the transaction. EQ FRANCE does not accept: - Items returned incomplete, broken, damaged, opened or soiled by the Customer - Items not returned intact with their labels and in their original packaging (if present) - Previously opened hygiene or cosmetic products - Packages for which no enclosed information allows for identification of the sender (order number, last name, first name, address, etc.), elements that shall be written on plain paper to accompany the returned product(s).
Article 10 - Guarantee/Exchange, Refund
Guarantee
Products supplied by the Seller shall have automatically and without additional payment, in accordance with the legal provisions: - the legal guarantee of conformity, for Products that are apparently defective, broken or damaged or that do not correspond to the order or immediate purchase, - the legal guarantee against hidden defects resulting from a defect in material, design or manufacture which affect the products delivered and renders them unfit for use, under the conditions and according to the terms set out in the section below (Guarantee of Conformity/Warranty against hidden defects). It is understood that within the framework of the legal guarantee of conformity, the Customer: - shall have a period of two years from the delivery of the goods to take action against the Seller; - may choose between repairing or replacing the Product ordered, subject to the cost conditions specified in Article L 211-9 of the French Consumer Code; - shall be exempt from providing proof of the existence of the Product's lack of conformity during the six months following delivery of the Product. This period is extended to 24 months beginning on March 18, 2016, except for second-hand goods. The legal guarantee of conformity applies independently of the commercial warranty which may cover the Product. It is understood that in the context of the guarantee against hidden defects, the Customer may decide to implement the guarantee against hidden Product defects in accordance with Article 1641 of the Civil Code; in this case, he or she may choose between cancellation of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
Exchange - Refund
If you find that the product itself is damaged, defective or does not conform to the initial order, you must notify us in writing within the time limit specified above and return it to us in the condition in which it was received with all its components (original packaging, accessories, manuals, etc.), indicating your name, address, order number and order date, product reference number, quantity and detailed reason for your complaint. Regarding the returned product, it will be refunded or exchanged, based on your request and its availability. If a refund has been requested, it will be made within thirty (30) days of receipt of your return. Return costs can then be reimbursed upon presentation of supporting documentation. Defective products must be returned at the Customer's expense for examination in order to determine the validity of the claim. To take advantage of the product warranty, it is advisable to keep the product's purchase receipt. EQ FRANCE will reimburse shipping costs in the event of proven defects, if and only if the receipts corresponding to the price paid are attached to the packaging. In the event that the Buyer fails to comply with the return procedure specified above and within the specified time limit, he or she may not make any claim for non-conformity or apparent defect in the products delivered, and the products are then deemed to be in conformity and free of any apparent defect.
Article 11 - Customer Service
Our Customer Service is at your disposal for any questions or additional information. You can reach us at: From France at 05 59 43 86 02 or from outside of France at +33 (0)5 59 43 86 02; Through our Website's Contact section; By mail at the following address: EQ FRANCE Customer Service, 9 rue de la Négresse - 64200 BIARRITZ - FRANCE
Article 12 – Force Majeure
EQ FRANCE shall, in no case, be held responsible for non-fulfillment of the order in cases of force majeure.
Article 13 - Proof
Electronic records, kept on EQ FRANCE's servers as well as on the servers of its banking establishments, will be considered as proof of communications, orders and payments between the parties.
Article 14 - Retention and archiving of documents
Transaction data is archived on a reliable and sustainable medium, in accordance with Article 1348 of the French Civil Code. It is thus carried out in compliance with the AFNOR Z 42-013 standard relating to the design and operation of computer systems in order to ensure the preservation and integrity of the records stored in these systems.
Article 15 - Personal Information
Information collected is subject to computer processing by the Company for the purposes of (i) processing orders and after-sales service, and (ii) sending mailings and newsletters regarding new products, similar products, events and promotional offers from the Company. The recipient of the data is exclusively EQ FRANCE. In accordance with the French Data Protection Act (i.e. Loi "Informatique et Libertés") of January 6, 1978, and amended in 2004, every Customer has the right to access, correct and delete information regarding himself or herself, and the Customer may exercise this right by contacting EQ FRANCE at rue de la Négresse - 64200 BIARRITZ. The Customer may also, for legitimate reasons, object to the processing of data concerning him or her.
Article 16 - Intellectual Property
In accordance with the laws governing Intellectual Property (literary and artistic property rights, industrial property rights), this Site and all elements, trademarks, designs, models, logos, graphics, etc. found on this Site are the exclusive property of EQ FRANCE and its partners, the latter not granting any license or any other right other than the right to consult the Site. The reproduction or use of all or part of these elements is authorized only for the exclusive purpose of information for personal and private use, and any reproduction and/or use of copies made for other purposes are expressly prohibited. Any other use constitutes an infringement and is punishable under the Intellectual Property Act, unless prior written permission is obtained from EQ FRANCE. Any simple or hypertext link is strictly prohibited without express written consent from EQ FRANCE.
Article 17 - Entire Agreement Clause
These General Terms and Conditions of Sale and the order form express the entirety of the parties' obligations. No general or specific condition communicated by the Customer will be applied to or integrated into the contract.
Article 18 - Applicable law, Litigation
These General Terms and Conditions for Online Sales are subject to French law, in accordance with European directives, notwithstanding any rules relating to conflicts of laws. In the event of a dispute, the parties will try to come to an amicable settlement. Any dispute regarding the interpretation or execution of this contract between EQ FRANCE and a natural person or legal entity considered as a consumer will be brought before the French Courts, in accordance with the provisions of articles 46 to 48 of the NCPC. The Customer is informed that he or she may, in any case, resort to consumer mediation, governed by Articles L.611 to L.616 and R.612 to R.616 of the French Consumer Code, in particular with the Commission de la Médiation de la Consommation, i.e. Consumer Mediation Commission (C. consom. art. L 534-7) or with the existing sectoral mediation bodies, whose credentials can be found at the following address: CBR, 12 rue de l’Industrie, BP 154, 64601 ANGLET Cedex - FRANCE; or to any alternative dispute resolution mechanism (e.g. conciliation) in the event of a dispute.
Article 19 - Responsibility
EQ FRANCE, in the process of selling online, is bound only by an obligation of means; its liability cannot be engaged for any damages resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption or any other incidental problems. EQ FRANCE has, for all stages of access to the Site throughout the ordering process, delivery process or subsequent services, only an obligation of means. EQ FRANCE's responsibility cannot not be engaged in cases where non-performance of its obligations would be attributable to the Buyer, to a third party, to a case of force majeure as defined by the French courts, to an interruption of stock, to disruptions or total or partial strikes, particularly with respect to the transport services of the products ordered or to any other event which was not reasonably under the exclusive control of EQ FRANCE. EQ FRANCE shall not be held liable for any damages resulting from improper use of the product, given that the instructions are available on the Website and are sent with the delivered product. EQ FRANCE declines all responsibility for direct and indirect damages, whether foreseeable or not, caused during the use of the website. We also advise you to read the conditions of use for our site. If EQ France's liability were retained, the total amount of the indemnities could not, by express agreement, exceed the amount of the price of the product that caused the damage.