The present terms and conditions of sale exclusively govern the relations between ETHNODYNE, a simplified joint stock company with a capital of EUR 100,000, having its registered office at 151 boulevard Haussmann, Paris (75008), registered on the Paris RCS under number 751 365 289, and all persons consulting or making a purchase at the "shop.ethnodyne.com" website. ETHNODYNE can be reached by telephone from Monday to Friday, from 09:00 to 12:30 and from 13:30 to 18:30 on +33 (0)1 53 26 68 00, and by email at firstname.lastname@example.org. The sales platform "shop.ethnodyne.com" is an e-commerce site published by ETHNODYNE through which the latter offers products to consumers, and is hosted by OVH, located at 2 rue Kellermann, 59100 Roubaix – France.
Site: refers to the e-commerce trading site accessible via the Internet at the address www.ethnodyne.com on which the Firm markets and sells its Products.
The Firm: refers to the firm ETHNODYNE which markets the Products and publishes the Site.
Product(s): refers to the cosmetic products and dietary supplements on sale and marketed by the Firm on the Site.
Purchaser: refers to consumers who place an Order on the Site.
Order: refers to the sale of Product(s) between the Firm and the Purchaser.
Party(ies): refers separately or jointly to the Firm and Purchaser.
All users, whether visitors or Purchasers, are considered to have previously and unreservedly accepted the present terms and conditions of sales which apply to all operations carried out at the Site. The Purchaser acknowledges that they have read and agreed to the present terms and conditions of sale before placing their order. The terms and conditions of sale are applicable, to the exclusion of all other documents and prevail over any other correspondence between the Parties. The Firm reserves the right to modify the present terms and conditions of sale unilaterally and at any time. The terms and conditions of sale which apply at the time of Order are those consulted and validated by the Purchaser prior to placing the Order.
3.1 Product characteristics
At the Site, the consumer and potential Purchaser may learn about the Product(s) made available for sale by the Firm and the essential characteristics of the latter. They may request further information by contacting ETHNODYNE by telephone or email, using the contact details stated above. The Products are intended for personal use and are ordered by the Purchaser under their sole responsibility. The photographs of the Products are not contractual.
3.2 Product prices
The prices of the ordered Products, invoiced to the Purchaser, are those stated on the Site on the day of the Order. These are stated in euros inclusive of tax (incl. VAT) excluding Order processing and shipment costs. The applicable VAT corresponds to the rate in force on the date of the Order. The Firm reserves the right to modify the prices of the Products unilaterally and without prior notice. Any promotional offers are valid for the period of the offer and according to available stock.
3.3 Product availability
The Products viewed on the Site may be ordered according to available stock. If one or more Product(s) are unavailable, the Purchaser shall be notified of this fact as soon as possible. If the Product(s) are unavailable for more than 30 days, the Purchaser may either modify or request reimbursement for their Order.
3.4 Conformity of Products with legislation
The Products comply with current French legislation.
4.1 Placing the Order
To place an Order on the Site, the consumer individually validates the Product(s) they wish to purchase, and then validates all of their purchases combined under the term "Basket". When the Purchaser agrees to the terms and conditions of sale and validates the Order, the Order is then placed with a view to payment.
After having validated the Order and entered the required information, the consumer may make the payment. Payment for orders placed on the Site is exclusively made using a payment card. The following payment cards are currently accepted: CB, Visa, MasterCard and American Express. In the event of an incident relating to payment of an Order by a Purchaser, the Site reserves the right to refuse any further Orders until the payment is made in full.
4.3 Security of payment transactions
The Site is secured by means of the 3D Secure protocol. If the Purchaser's card is identified as 3D Secure, they will be redirected to their bank, in order to secure the payment transaction. An additional page will then be displayed for this purpose, and they will be asked to enter their password. This involves entering the authentication code communicated by the bank. The Purchaser warrants that they are fully authorised to use the payment card provided for payment of the Order, and that this card is linked to sufficient funds to cover all costs relating to the latter. The Firm shall not be held responsible for any fraudulent use of payment methods by the Purchaser further to an Order on the Site. In compliance with current regulations and to ensure Purchaser security and confidentiality, the payment process does not memorise the bank details used for payment of Orders.
4.4 Final Order processing
The Order is considered final, subject to the legal right of retraction stated below, upon confirmation of authorisation by the bank payment centre, and as soon as full payment is received by the Firm. The Purchaser shall receive confirmation that the Order has been finalised by email, subject line "Order Confirmation".
5.1 Time-frame and shipment method
Parcels are generally dispatched within 48 hours after receipt of payment. The standard shipment method is by Colissimo International, not signed for. If the Purchaser requires signed-for delivery, they should contact the Firm regarding this matter, and will be billed for an additional cost. Regardless of the shipment method selected, the Firm will send, as soon as possible, the Purchaser a link to track parcel delivery online. The parcels are oversized and protected.
5.2 Shipment costs
The shipment costs include packaging, handling and postage costs. These may comprise a fixed cost and a variable cost based on the price or weight of the Order. If a given Purchaser places separate Orders, these cannot be combined and the Purchaser is required to pay shipment costs for each Order. The parcel is dispatched at the Purchaser's own risk, although particular care is given to the parcel.
6.1 Delivery address
Delivery is made to the delivery address specifically provided by the Purchaser at the time of the Order. The Firm shall not be held responsible if the address was incorrectly entered or in the event of an error by the postal service.
6.2 Delivery time
Delivery will take place within a maximum period of thirty (30) days from the day after the Order. The Firm cannot be held responsible for delayed delivery caused by the shipping agent.
6.3 Verification of parcel condition
Upon receipt of the parcel, the Purchaser should check the state of the parcel. If it appears to have been opened or damaged, they should express their reservations to the postal service and refuse delivery of the parcel. The Purchaser should communicate their reservations to the customer services department of the Firm at the following address email@example.com within 72 hours at the latest following receipt of the Order. If the department is not informed of their reservations within the stipulated time-frame, the parcel will be deemed to have been delivered to the Purchaser in a satisfactory condition.
7.1 Retraction deadline
In compliance with current legal provisions, the Purchaser has a right of retraction which they may exercise within a period of seven (7) clear days as from delivery. When this deadline falls on a Saturday, Sunday, public holiday or strike day, it is extended to the next working day. An email should be sent to the following firstname.lastname@example.org to notify the Firm that this right has been exercised. The Products should be returned to the following address:
ETHNODYNE, chez EURODISLOG, Zi DES BETHUNES, Avenue du Fond de Vaux 95310 Saint Ouen L’Aumône, in their original packaging. The parcel should also include a copy of the delivery note sent to the Purchaser.
Any Product which appears to have been significantly used by the Purchaser prior to retraction will not be reimbursed. The whole amount paid will be reimbursed within a maximum period of 30 days from the date on which the right of retraction is exercised. Return postage costs shall be borne by the Purchaser.
The Firm shall not be held responsible for indirect damage resulting from the purchase of the Product(s). Likewise, the Firm shall not be responsible in the event of damage, including but not limited to, loss of data, corruption of files, suspension of Internet services, etc., resulting from using the Site or placing an Order.
9.1 Intellectual property
The Site, its entire content and its components are protected by the legal provisions relative to Intellectual Property law. Any reproduction, whether total or partial, of the Site is strictly prohibited, without prior authorisation from the Firm.
9.2 Data protection
The Firm fulfils the legal obligations related to the privacy of Purchasers and adheres to the recommendations of the Commission Nationale de l’Informatique et des Libertés (CNIL) [French Data Protection Agency]. Purchasers are required to provide nominative information to register at the Site and open an account in order to place Orders. In compliance with the French data protection law "Informatique et libertés" no. 78-17 of 6 January 1978, the Purchaser has the right to access, rectify, delete and oppose their personal data. The Purchaser may ask to exercise these rights by writing to the Firm at the following address email@example.com stating the subject of their request and justifying their identity.
9.3 Force majeure
The Firm cannot be held responsible for a breach of an obligation stipulated by the terms and conditions of sale in the event of force majeure as defined by French case law, in the event of an external event (notably social unrest, fire, interruptions in the telecommunications network, natural disasters), in the event of an impediment caused by a third party or indeed the user of the Site.
9.4 Full contract
The entire contract governing the relations between the parties consists of the present terms and conditions of sale and the Order confirmation. In the event of a contradiction between these two contractual documents, the terms and conditions of sale shall be applied.
9.5 Applicable law and competent jurisdiction
The terms and conditions of sale are subject to French law, and any disputes relating to the existence, application, interpretation, execution or breach of the sales contract between the Site and the Purchaser shall exclusively fall within the scope of the competent French courts.