Article 1 : Area of application
These general conditions of sale apply exclusively to actual and future commercial relations existing between Evaflor, 68, rue bayen 75017 Paris, France (" We ") and the author of the order (" You "). All conditions formulated by You that do not comply with our general conditions shall be rejected unless We have expressly accepted it in writing. We can modify the current general conditions of sale at any time on the condition that we show these modifications on our site.
Article 2 : Order
We are committed to accepting your order under the terms of the general conditions of sale presented here. Please note that We will reply to your order according to the stock available. Please also note that We deliver our products only when the number of items ordered correspond to the needs of one household. We aim to maintain all our products in stock. Nonetheless, if despite our vigilance, some products are found to be temporarily unavalaible (out-of-stock or fabrication, etc) following your order, We will inform You of this by e-mail and invite You to cancel or modify your order. If the products are found to be definitely unvailable (end of stock, etc) following your order, We will automatically cancel and inform You of this by e-mail. In confirming your order, You accept the whole of the general conditions of sale presented at your disposal on the site, and recognise having a complete knowledge of them, renouncing thereby any contradicting document, the act of buying entailing acceptance of these general conditions of sale. This confirmation together with all the data that We have registered will make up the proof of our transactions.
Article 3 : Price
The indicated prices, in euros, are given inclusive of all tax, excluding postage and packaging costs and order processing costs. We reserve the right to modify our prices at any time but We will maintain the prices indicated at the moment of your order.
For countries of the European Union, please note that the prices appearing on the site during your order are given in euros. Where a currency charge applies it is updated two times a month. This charge could be different from the one applied during invoicing.
Eclipse Colours Paris and its affiliated companies are not responsible for errors or in exactitudes within the conversion system used, nor for any differences which could intervene between the estimated total of your order and the actual total of your invoice.
Article 4 : Payment
The price is immediately due on the date of your order. You can pay by credit card. On-line secured payment by credit card is totally safe : it uses the SSL (Secure Socket Layer). The information transmitted is scrambled by a software program and cannot be read whilst in transit on the network.
Should You be late in paying, We will be within our rights to claim interest rate for late payment at the appropriate rate based on rate of the previous three months used by credit organisations offering loans for consumer goods. Should We be able to prove the existence of a damage costing us more than that of the total arising from this interest rate, due to your lateness in payment, We will be within our rights to demand full reparation of this prejudice.
Article 5 : Delivery
Unless there is agreement to the contrary, delivery is to the address You have indicated during your order. Any risk is at your charge from the date at which the products ordered by You leave our premises. Delivery delays are only approximate except if, exceptionally, We have undertaken to deliver on a precise date.
Article 6 : Returns and reimbursements
Any product returned within a delay of fifteen (15) days inclusive from the date of reception of the order (indicating the invoice number to which it refers) for exchange or reimbursement will be effected without penalty. In order to offer you the best customer service, for the first purchase, the costs of return are at our charge. Only products returned complete, in good condition and in their original packaging in the state that We had delivered them to You, will be re-taken and exchanged.
Products should be returned to the following address :
Evaflor
68 rue Bayen
75017 Paris
FRANCE
At the end of this delay of fifteen (15) days, products delivered will be deemed to conform to your order and have been accepted by You. For further information, please write to the following address : mike@evaflor.com.
Article 7 : Ownership
Delivered products will remain our property until You have fulfilled all your obligations towards us, especially until full payment of the price due, including any interest accruing from late payment. This ownership does not affect the transfer of risks which are at your charge from the date the products ordered have left our premises in accordance with Article 5.
Article 8 : Guarantee against defective products and Our responsibility
Should one of our products that We have delivered to You be defective, We can, as we choose, mend or replace the defective product. If We do not want to either mend or replace the defective product, or if We are unable to do so, or if We are unable to do so within the delays due to elements beyond our control, You may, if you choose, send it to us for a refund of its price and post and packaging costs or ask us for a reduction in the sale price.
The products proposed conform to current French legislation. We decline all responsibility should the product delivered not conform to the legislation of the country delivered to (censorship, ban of an author or a book).
Similarly, We are not responsible for the content of sites to which we have made hypertext links from our site.
We are committed to bringing all the care of practice upheld by our profession concerning the services rendered to the client. Nevertheless, We cannot be deemed responsible should We be lacking in our contractual duties due to a chance occurrence or to a major event concerning, and without limitation, catastrophes, strikes, fire, flood, material damage or breakdown, transport or communication facilities, or arising from your own actions.
Furthermore, We cannot be deemed responsible for any delay arising from an out-of-stock with a publisher or our suppliers, nor in the case of an error in the presentation of the products on our site, the photographs, texts and illustrations representing the products being non-contractual.
Article 9 : Protection of personal data
We are committed to protecting all your personal data given to us. They shall be treated in the strictest confidence, and according to our policy governing the protection of personal data. During your order We will only ask for information essential to ensuring the quality of our service and processing of your order. We do not sell, nor commercialise, nor lease such information to any Third Party. We may, however, decide to do so in the future (as defined in our policy governing the protection of personal data) for direct and related needs arising from the execution of sale contracts that we have undertaken with You, but You may oppose this by sending us an e-mail without text to mike@evaflor.com
In accordance with Article 27 of the French law Informatique et Libertés of 6th January 1978, You have the right to access and rectify any data concerning You. To do so or for any other query concerning the protection of your personal data, You need only send us an e-mail to mike@evaflor.com
By agreeing to these general conditions of sale, You recognise having knowledge of our policy governing the protection of your personal data and consent to our collection and use of this data in accordance with our policy.
Article 10 : Applicable Law and jurisdiction
French Law and The Vienna Convention governing international sale contracts of merchandise, with the exception of the selling rights of the United Nations, rule the general conditions of sale presented. Any legal actions involving the commercial relations existing between You and Us are wholly determined by the relevant French jurisdiction.