The present general terms and conditions of sale ("GTC") are applicable exclusively to the online sale of products of the company Elia Innovation (hereinafter "Elia Lingerie") on the website www.elia-lingerie.com (hereinafter the "Site").
2. SCOPE OF APPLICATION
The GTC exclusively govern the online sales contracts of Elia Lingerie products (hereinafter the "Seller") concluded with buyers having the status of consumers and constitute, with the online order, the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of the products, which have only an indicative value.
The GTC are written as well as all the contractual information mentioned on the site in French language.
3. AVAILABILITY AND ENFORCEABILITY
The GTC are made available to consumers on the Seller's website where they can be consulted directly. The GTC are opposable to the consumer who acknowledges, by checking a box provided for this purpose, to have been aware of them and to have accepted them before placing an order.
The validation of the order by its confirmation is worth adhesion by the purchaser with the CGV in force at the day of the order.
4. MODIFICATIONS OF THE GCV
The Seller reserves the right to modify its GTC at any time. In case of modification of the GTC, the applicable GTC are those in force at the date of the order, a copy of which dated to this day can be given to the consumer at his request.
5. CLAUSES OF THE GCV
The nullity of a contractual clause does not entail the nullity of the GTC. The temporary or permanent non-application of one or more clauses of the GTC by the Seller shall not constitute a waiver of the other clauses of the GTC, which shall continue to have effect.
The products offered for sale presented on the Site are each the subject of a description. The photographs illustrating the products do not constitute a contractual document.
The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection at the time they are placed on the market. The products comply with the requirements of French law in force at the time they are placed on the market.
The products are offered for sale and delivered within the limits of available stocks. In case of unavailability of the ordered product, the Seller informs the buyer immediately and can offer him a product of an equivalent quality and price or, failing that, a voucher for the amount of the order usable for any future order.
In case of disagreement of the buyer, the Seller proceeds to the refund of the sums paid within 7 days.
7. 1. Sale prices
The sale prices are indicated, for each of the products listed on the Site, in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition. The total amount due by the consumer is indicated on the order confirmation page.
The selling price of the product is the one in force on the day of the order. The selling price of the products does not include the shipping costs charged in addition to the price. Any tax, duty, tax (etc.) to be paid in application of a French or foreign regulation (importing or transit country, etc.) remains the responsibility of the buyer.
In the event of a price promotion, the Seller undertakes to apply the promotional price to any order placed during the period of the promotion. The payment of the price entails the transfer of ownership of the product to the customer.
7. 2. Modification
The Seller 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.
7. 3. Costs
Any additional costs for transport, delivery or postage, of which the customer may have become aware before placing the order, are set out on the order form.
The online sales offers presented on the Site are reserved for consumers residing in France and/or in a member country of the European Union and for deliveries in these same geographical areas. The online sales offers presented on the site are valid, unless otherwise indicated, as long as the products appear on the site and within the limits of available stocks. The acceptance of the offer by the consumer is validated, in accordance with the double click process, by the confirmation of the order.
To place an order, the consumer, after having filled his virtual basket by indicating the selected products and the desired quantities, then clicks on the "Order" button and provides the information relating to delivery and payment method. Before clicking on the "Confirm order" button, the consumer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
The confirmation of the order implies acceptance of the GTC and forms the contract. An e-mail acknowledging receipt of the order and its payment is sent by the Seller as soon as possible.
Any modification of the order by the consumer after confirmation of the order is subject to prior acceptance by the Seller. The Seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers.
The contract of sale is formed when the consumer sends the confirmation of his order.
The price is payable in full after confirmation of the order. Payment is made immediately upon ordering by credit card, via the Paypal system, or by Alma for payment in several installments without charge.
The site is equipped with a system of security of the on-line payments allowing the consumer to encrypt the transmission of his banking data.
The delivery means the transfer to the consumer of the physical possession or control of the good.
For delivery times, we thank you to consult the tab "Delivery" located at the bottom of the homepage of the site. The products are delivered to the address indicated by the customer on the order form. Delivery in metropolitan France is made by La Poste (a service invoiced by Elia Lingerie).
If the product does not conform to the order, the consumer must send a complaint to the Seller in order to obtain a replacement of the product or possibly the cancellation of the sale.
In case of unavailability of the products at the time of delivery, the Seller can propose an equivalent product by its quality and price. The total failure to deliver leads to the automatic cancellation of the sales contract.
Elia Lingerie is not responsible for the transport delays related to the delivery.
12. LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE AGAINST HIDDEN DEFECTS
The presence of an apparent defect on a Product must give rise to a complaint by e-mail (email@example.com).
The Customer must comply with the procedure relating to the right of withdrawal by informing Elia Innovation of the existence of this apparent defect in advance by any means, so that the return can be accepted.
Subject to the validation of a non-conformity or a defect by Elia Innovation or the manufacturer as the case may be, the Customer benefits from the following guarantees: Elia Innovation acts as guarantor in the sense of the provisions of articles L 217-5 and following of the Consumer Code and 1641 and following of the Civil Code.
Thus, the Customer:
- has a period of two (2) years from the delivery of the Product to act in case of lack of conformity of the Product,
- is exempted from proving the existence of the lack of conformity of the good during the six (6) months following the delivery of the Product,
- can choose between the repair or the replacement of the Product, subject to the conditions of cost provided for by article L217-9 of the Consumer Code; The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer may also implement the legal guarantee for hidden defects in the item sold, as defined in Articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Customer, within a period of two years from the discovery of the defect, to be reimbursed for a Product that has proved to be unfit for its purpose. The warranty for hidden defects allows the Customer to be protected against hidden defects of the purchased Product which prevent its use or affect it to such an extent that the Customer would not have purchased it. The Customer then has the choice between two options: to keep the Product and ask for a reduction of the price, or to return the Product and ask for a refund of the price paid, in accordance with Article 1644 of the Civil Code.
If the apparent defect, the lack of conformity or the hidden defect of the article, declared by the customer, is proven, after expertise, Elia Innovation commits itself to reimburse the customer at its expense and at the latest within fourteen (14) days.
Elia cannot be held responsible for the misuse of the articles by the customer.
Complaints made under the guarantees must be sent by e-mail to the address firstname.lastname@example.org.
The responsibility of the Seller cannot be engaged in case of non-performance or bad execution of the contract due to the fact of the buyer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure. Moreover, the Seller's liability cannot be engaged for non-conformity of the product with the legislation of the consumer's country, who must check whether the product is not prohibited for sale in his country.
15. RESOLUTION OF THE ORDER
The cancellation of the order in the cases provided for in these GCS will be pronounced by simple registered letter with request for acknowledgement of receipt or by electronic letter and will be acquired by right.
16. RIGHT OF WITHDRAWAL
The consumer has a legal period of 14 clear days to exercise his right of withdrawal from the date of receipt of the goods without having to justify his reasons or pay penalties.
The Customer will be reimbursed for the sums paid, upon receipt and verification of the return of his articles and at the latest within 14 days after having received his product. Elia Lingerie may postpone the reimbursement until receipt of the items in our warehouse, the date retained being the first of these facts.
Elia Lingerie will reimburse the Customer using the same means of reimbursement as the one used for the initial transaction.
To exercise the right of withdrawal, the consumer must notify Elia of his decision to withdraw by means of an unambiguous statement by e-mail to email@example.com. The returns of the products are to be made in their original state, new and complete (packing, accessories, note...) so that they can be remarketed in a new state; they must if possible be accompanied by a copy of the purchase receipt.
Any product received used or in poor condition will not be refunded.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the Product(s) purchased will be reimbursed; the delivery costs remain the responsibility of the CUSTOMER. The customer must ensure that the package arrives at our premises to ensure a refund.
All claims and requests for returns must be made by email to firstname.lastname@example.org
In case of withdrawal by the customer, the customer must return the products to the address indicated by Elia Innovation without excessive delay and, in any case, at the latest fourteen days after the customer has communicated to the recipient indicated on the withdrawal form his decision to withdraw from the contract.
This period shall be deemed to have been observed if the customer returns the goods in the order before the expiry of the fourteen-day period.
17. INTELLECTUAL PROPERTY
The elements reproduced on the present site (photographs, visuals, texts, drawings, images, etc.) are the exclusive property of Elia Innovation and are protected by the law of Intellectual Property (copyright, trademark law etc.). Any reproduction and any distribution of these elements, without prior written authorization, expose the offenders to legal proceedings.
18. PROCESSING OF PERSONAL DATA
The computerized processing of personal data collected by the Site is for the purpose of managing orders. The consumer is informed that this automated processing of information has been declared to the CNIL.
In accordance with the Data Protection Act, you have the right to access, rectify and oppose the processing of your personal data by writing to the address below (with a copy of proof of identity).
e-mail: email@example.com or by post to the following address: 7 Bis Avenue Michel Ricard, 92270 Bois Colombes
Elia Lingerie is committed to the responsible management and processing of personal data, and to ensuring the utmost confidentiality of all personal information collected in the course of exchanges with its consumers. The data transmitted through the Site is protected in accordance with the provisions of the law "Informatique et Libertés" n°78-17 of January 6, 1978 as amended. ) The person in charge of the treatment in the sense of article 3 of this law is Elia Innovation.
It is possible that the Site offers features for creating an account or sharing content with certain third-party sites, such as Facebook, Instagram or Twitter. We draw your attention to the fact that these third-party sites are governed by their own privacy policies. You should therefore be aware of the privacy policies of these third party sites and the use of your personal data through these sites.
For more information, please see our RGPD compliance.
The use of the Site and registration on the Site by a minor must be authorized by his legal representative.
The Site is hosted by OVH, whose headquarters are located at 2 rue Kellermann, BP 80157, 59100 Roubaix.
19. POLICY OF COMMENTS AND CUSTOMER REVIEWS
The Company Elia Innovation reserves the right to process your personal data for the management and the follow-up of your order, the collection of customer reviews, the follow-up of exchanges within the site https://www.elia-lingerie.com.
This information is intended for the authorized services of the company Elia Innovation and its possible subcontractors. The data collected may be transferred outside the European Union for the purpose of managing customer relations and after-sales service.
The data is kept for the duration of the commercial relationship, increased by the prescription and conservation periods in force. You have the right to question, access and rectify data concerning you, as well as the right to oppose for legitimate reasons and the right to oppose commercial prospecting.
20. COMPETENT COURT
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of amicable resolution, the dispute will be brought before the commercial court which will be the court of the place of the registered office of the company Elia Innovation.
21. APPLICABLE LAW
The present contract and the GTC governing it are subject to French law.
22. SPONSORSHIP PROGRAM
The Seller offers the consumer the opportunity to become an Elia ambassador by creating an account on its website, with no obligation to purchase. At any time the consumer can unsubscribe from this program via the unsubscribe link in the sponsorship emails or by contacting us to delete his account.
The sponsorship program allows, within the limit of one customer account per consumer, to sponsor godchildren by offering them a discount code of -10% on their first order of a minimum amount of 50€. In return, the consumer receives points for each validated order. The Seller reserves the right not to award rewards for a validated referral or to suspend the customer's account from the referral program if it has a good reason to believe that this referral is not legitimate, including, but not limited to, consumers referring themselves, creating multiple customer accounts, or whose volume of referrals is too large or any other fraudulent use of the program.
The loyalty program allows consumers to perform a series of actions that allow them to accumulate points in their customer account. All the actions and associated points can be consulted at the following address: https://www.elia-lingerie.com/pages/rewards
The customer can then convert his points into a discount coupon as soon as a level is reached, at the time of placing an order, in accordance with the points/euros conversion rate previously communicated on the following page: https://www.elia-lingerie.com/pages/rewards
The Seller reserves the right to withdraw, modify or replace the Referral Program at any time, without notice and at its sole discretion. If the Referral Program is terminated, the Seller will honor all promotional codes that have been earned prior to the termination of the Referral Program and have not expired. However, it will not be possible to sponsor new referrals.
Last modification - Sponsorship program - 30/03/2021
Elia Innovation, a simplified joint stock company with a share capital of 1,000€, domiciled at 7 Bis Avenue Michel Ricard, 92270 Bois Colombes andregistered at849 612 395 R.C.S. Nanterre - VAT FR 13 849612395 - Director of the publication: Marion Goilav