Terms of sales

Article 1: Scope

The purpose of these terms and conditions of sale is to govern sales made on the www.ercuis.com website between ERCUIS and legal adults for non-business purposes purchasing for non-professional personal use, or legal entities purchasing for needs not concerning their professional activity.

They constitute the regime under which ERCUIS places the sale of its products (to the customers defined above) exclusively in Metropolitan France as well as for the territories listed in Appendix 1.

All sales made by ERCUIS to the customers defined above shall therefore be governed by the said terms and conditions as well as the terms of the order relating to the sales operation concerned as accepted under the terms and conditions defined hereunder.

Placement of an order on the website therefore implies:

-          the full and unqualified acceptance of these terms and conditions of sale by the customer,

-          waiving by the customer, for any reason and any in form whatsoever, of the right to claim contrary provisions or exceptions to these terms and conditions of sale and the terms of the order concerned as accepted under the terms and conditions defined below.

In the event of a dispute, the applicable terms and conditions of sale shall be those in force at the time of the order.

Article 2: Products

The prices and offers given in the online store shall be valid for as long as they are visible on the website.

Products may be added or removed from the website without notice.

The articles on sale are compliant with applicable French and European legislation.

Article 3: Conditions of use and care of the products

The conditions of use and care can be consulted in the care and cleaning recommendations section of the website:

https://www.ercuis.com/la-maison-ercuis/conseil-entretien-de-l-argent.html

Article 4: Order

The customer may freely select the products proposed for sale on the www.ercuis.com website that he/she wishes to buy. The customer may access his/her shopping cart at any time and change its contents.

In accordance with Article L. 221-13 of the French Consumer Code, after payment has been made, ERCUIS shall send the customer a confirmation of the order by e-mail to the e-mail address given by the customer during the order. This order confirmation will summarise all essential information.

Article 5: Unavailability of the product ordered

Should a product turn out to be unavailable after the customer has confirmed the order, ERCUIS shall inform the customer of this in order to either:

-          postpone delivery until the product is back in stock, where this is possible,

-          refund the customer who has already paid for the unavailable product. The refund shall be made within a maximum of fourteen (14) days after the refund request. After this period, the amounts due will bear interest at the legal rate of interest.

Article 6: Price and delivery charges

Prices are given in euros and are deemed to be inclusive of VAT.

Delivery charges shall be paid by the customer and are given during the processing of each order.

The applicable delivery charges depend on the amount of the order and the country of shipping:

-          Deliveries in Metropolitan France: orders of less than €100: €10 including VAT / orders of €100 and over: free shipping

-          Cost of shipping to the countries listed in Appendix 1: order of less than €250: €25 including VAT / order of €250 and over: free shipping

ERCUIS reserves the right to change prices and delivery charges by amending these terms and conditions of sale and by immediately displaying them on the web site. However, ERCUIS undertakes to apply the prices that were given when the customer’s order was confirmed.

The customer will have access to the full amount of the order including tax and delivery charges prior to final order confirmation.

Article 7: Payment

Payment is due in euros immediately on the date of the order. Payment must be made by bank card. It is specified that ERCUIS does not have any access to the bank details provided by the customer.

Article 8: Delivery conditions

8.1 – Place of delivery

The products shall be delivered to Metropolitan France and the countries listed in Appendix 1.

The products shall be delivered to the delivery address that the customer has provided during the order. Delivery comprises the packaged product(s) ordered, and an itemised invoice. The product is delivered by UPS.

Likewise, the customer must ensure that during the order, he/she has given sufficiently precise information about the recipient: telephone number, exact delivery address, to avoid any delivery errors or the loss of the package. Any mistake by the customer concerning this information that results in a late delivery or a lost package may not be attributed to ERCUIS. In this event, the customer shall remain responsible for the payment of lost or damaged products. The customer shall not be entitled to any compensation or refund on this account.

8.2 – Delivery times

The products are delivered within fifteen (15) business days of confirmation of the order.

8.3 – Late delivery

Where orders are not delivered within the time given when the order is placed, for a reason other than force majeure or a reason attributable to the customer, the customer may, if he/she wishes, cancel the order in accordance with Articles L. 216-1 et seq. of the French Consumer Code. Under the said Articles of the French Consumer Code, the customer shall ask ERCUIS, by registered letter with acknowledgement of receipt or in writing on a durable medium, to deliver the order within a reasonable additional period. Should ERCUIS fail to do this at the end of this reasonable period, the customer may terminate the contract by registered letter with acknowledgement of receipt or in writing on a durable medium sent to ERCUIS.

The sale shall be considered to have been cancelled after ERCUIS receives the cancellation by registered letter with acknowledgement of receipt or in writing on a durable medium in which the customer informs it of his/her decision.

If applicable, ERCUIS shall refund the amounts paid by the customer for the cancelled order within fourteen (14) days of receiving the registered letter of cancellation.

Where ERCUIS has not refunded all the amounts paid by the customer under the above-mentioned conditions, this amount shall automatically be increased by 10% if the refund is not paid within thirty (30) days after this period, by 20% if not paid within sixty (60) days and 50% after this.

8.4 – Reservations and claims

Without prejudice to the time that the customer has to exercise his/her right of withdrawal provided under Article L. 221-18 et seq. of the French Consumer Code, the customer must check the parcel when the order is delivered and make all justified reservations and claims, or even refuse the parcel if it is likely that it has been opened or if it has visible signs of damage. In accordance with Article L. 133-3 of the French Commercial Code, these reservations and claims must be notified on the delivery slip presented by the carrier and sent in writing (e-mail or letter) to ERCUIS within a maximum period of two (2) to three (3) days as of the date the carrier presents the parcel in order to benefit from proceedings against the carrier for damage or partial loss. In accordance with Article L. 224-65 of the French Consumer Code, when the consumer personally takes delivery of the transported objects and when the carrier cannot justify that it gave the consumer the possibility of effectively checking that the goods were undamaged, the period mentioned in Article L. 133-3 of the French Commercial Code, which extinguishes all action against the carrier, is increased to ten (10) days.

Article 9: Right of withdrawal

In accordance with Article L. 221-18 et seq. of the French Consumer Code, the consumer has the right to withdraw from the sales contract concluded on the website within fourteen (14) days of receipt of the goods.

If the period of fourteen (14) days expires on a Saturday, Sunday, public holiday or non-working day, this period shall be extended up until the first working day that follows.

To exercise this right of withdrawal, the consumer must notify ERCUIS of the decision to withdraw from the contract in a statement devoid of any ambiguity (for example, a letter sent by post, fax or e-mail at the following address: [insert your e-mail address]). The customer may use the withdrawal form. However, this is not compulsory.

For the withdrawal period to be observed, the consumer must simply send the communication relating to the exercise of the right of withdrawal before the end of the withdrawal period.

In the event of a valid withdrawal from the sales contract by the consumer, ERCUIS shall refund all payments received from the consumer, including delivery charges (except for additional charges resulting from the fact that the consumer has chosen, if applicable, a delivery mode that is more expensive than the standard delivery proposed by ERCUIS) without excessive delay and, at any event, at the latest within fourteen (14) days of the date that ERCUIS is informed of the consumer’s decision to withdraw. The refund will be made using the same method of payment as the one used for the initial transaction, except if the consumer expressly agrees to a different payment method; at any event, this refund shall not result in any costs to the consumer.

ERCUIS may defer the refund until it has received the goods or until the consumer has provided proof that the goods have been shipped. The date used will be that of the date of the first of these events.

The consumer must send back or return the goods to ERCUIS without undue delay and, at any event, no later than fourteen (14) days after he/she has informed ERCUIS of his/her decision to withdraw from the sale contract. This period shall be deemed to have been complied with if the consumer returns the goods before the expiry of the fourteen (14) day period.

The consumer must bear the direct costs of returning the goods via UPS or La Poste on the basis of UPS or La Poste rates in force. The products should be returned in their original packaging and must be packed in the same way as sent, or in any packaging suited to fragile items.

The consumer shall only be held liable for damage to the goods resulting from handling other than that required to establish the nature, characteristics and correct functioning of these goods.

 Withdrawal form model

Article 10: Warranties

ERCUIS is liable for the non-conformity of the goods under the conditions of Articles L. 217-4 et seq. of the French Consumer Code and for latent defects in the items sold under the conditions set out in Articles 1641 et seq. of the French Civil Code.

The customer may make a request to ERCUIS with respect to the legal warranty of conformity or with respect to the warranty for defects of the product sold.

ERCUIS shall, as the customer has chosen, replace the products with identical products or products of equivalent quality and price depending on its available stocks, or refund the goods:

-          in the event of latent defects in the products sold that make them unfit for their intended use, or reduce this use to such an extent that the customer would not have purchased them or would have paid a lower price if he/she had been aware of these defects,

-          in the event of delivery of products that do not comply with the order.

Any costs for returning the damaged or non-conforming products shall be borne by ERCUIS.

Article 11: Personal data protection

ERCUIS collects, via its website, a certain amount of personal data concerning the customer. This includes, but is not restricted to, the customer’s first name, last name, date of birth, telephone number, e-mail address and mailing address.

Customers who do not wish to provide the information required for the purchase of the products via the website will not be able to conclude sales contracts.

▪ Purpose of data collection and processing:

-          Information concerning payment is collected and processed exclusively by the banking establishment concerned, which is the only entity responsible for data processing.

-          The other data collected is necessary for the proper management and administration of products and sales contracts of the products proposed on the website. ERCUIS keeps this data solely for this purpose and undertakes not to use it for any other purpose, or to transmit it to a third party without the express consent of the customer and/or in cases provided by law and/or for the correct performance of sales contracts, in particular to enable the delivery of the products to the customer. This data will be processed by computer.

▪ Responsibility for processing: Except for the processing of data relating to means of payment, ERCUIS is responsible for data processing. Its contact details are shown in the ‘Disclaimer’ tab.

▪ Data retention period: The contact details of all customers who buy products and who register on the website are stored for a period of three (3) years necessary for the proper administration of the website and the normal use of data. This data shall be stored under secure conditions, using the current means of technology, in compliance with the provisions of the French Data Protection Act of 6 January 1978.

In accordance with the law, all consumers have a right to inquire about, access, correct, object and delete personal data, and a right to data portability, for the data that they have provided.

To exercise these rights, they shall simply make a request in this respect to ERCUIS, in a letter sent by mail to the following address:

ERCUIS, 14 Ancienne Route d’Aixe – CS11122 – 87052 Limoges Cedex, or by e-mail to the following address: contact@ercuis-raynaud.com

The personal data collected shall not be transferred outside France.

Number of declarant: 2186132 v 0

Article 12: Proof

It is expressly agreed between the parties that pursuant to the provisions of Articles 1316 et seq. of the French Civil Code, the information recorded by ERCUIS computer systems shall serve as proof between the parties. Information such as the receipt or sending of the data exchanged between the parties, as shown on ERCUIS computer systems shall take precedence unless the customer provides written proof to the contrary. The scope of the proof of the information provided by ERCUIS computer systems shall be identical to the scope of proof on a paper medium.

Pursuant to the provisions of Article L. 213-1 of the French Consumer Code, ERCUIS shall store orders amounting to a total of €120 or more for ten (10) years as from the date of delivery. The customer concerned may request access to the stored documents according to the procedure specified in Article 10 above.

Article 13: Intellectual property

All texts, illustrations, photographs, graphics and brands contained on the website are protected by intellectual property laws worldwide.

Failing prior, written authorisation by ERCUIS, all use of these items shall be deemed to be an infringement and shall be sanctioned by the French Intellectual Property Code.

Article 14: Applicable law and competent jurisdiction

These terms and conditions of sale are governed by French law.

In the event of a dispute, the customer shall be informed of the possibility of resorting to an official mediation procedure or any other alternative method for settling disputes.

Pursuant to Articles L. 612-1 et seq. of the French Consumer Code, the customer may, in the event of a dispute with ERCUIS, use the consumer litigation mediation process. ERCUIS falls under the mediator below:

Limousin Médiation

8 place Winston Churchill

87000 Limoges

https://ffcmediation.org/item/limousin-mediation/

The consumer mediator will not be able to examine a dispute if:

1° The customer does not prove that he/she has first tried to resolve the dispute directly with ERCUIS by written complaint according to the terms specified in the contract, if applicable;

2° The request is clearly ungrounded or abusive;

3° The dispute has been previously examined or is being examined by another mediator or a court;

4° The customer has filed the request to the mediator more than one year after sending the written complaint to ERCUIS;

Appendix 2

Article L. 217-4 of the French Consumer Code

The seller delivers goods that conform to the contract and shall be responsible for any of lack of conformity existing at delivery.

It shall also be responsible for any lack of conformity resulting from the packaging, assembly or installation instructions when the contract specifies that he/she is responsible for said assembly or installation.

Article L. 217-5 of the French Consumer Code

To conform to the contract, the goods must:

1° Be suitable for the purpose usually associated with such a product and, if applicable:

- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or its representative, including advertising and labelling;

2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

Article L. 217-12 of the French Consumer Code

The action resulting from the lack of conformity shall lapse after two (2) years as from the delivery of the goods.

Article L. 217-16 of the French Consumer Code

When the buyer asks the seller to carry out repairs covered by the contractual guarantee granted during the acquisition or repair of moveable goods, the period of any resultant shutdown of seven (7) days or longer shall be added to the unexpired term of the guarantee.

This said period shall run from the time when the buyer requests assistance or the time when the goods in question are taken out of service pending repair, should this be subsequent to the request for assistance.

Article 1641 of the French Civil Code

The seller is bound to a warranty against latent defects in the thing sold that make it unfit for its intended use, or reduce this use to such an extent that the buyer would not have purchased it, or would have paid a lower price if he/she had been aware of these defects.

Article 1648; paragraph 1 of the French Civil Code

An action resulting from redhibitory defects must be brought by the buyer within two (2) years of the discovery of the defect.