General Terms and Conditions of Sale
These General Terms and Conditions of Sale define the rights and obligations of the parties in connection with the sale of products between the buyer and the company ESCOT. They also govern the conditions of use of the website: Pillow Bio Escot. The Customer declares having read these general conditions and accepts them. Any order from the Customer implies the unconditional acceptance of these terms and conditions. These conditions may be modified at any time by the Seller, the changes then being applicable to subsequent orders.
1.Information and description of productsThe essential characteristics of the product appear on the product sheet which includes the technical specifications of the product (size, composition, ...). The photographs and any other information do not enter the contractual field, which the Customer accepts. Therefore inaccuracies or errors they may contain does not engage the responsibility of the Seller. Only the information on the data sheet is valid between the parties, it being specified that they may be updated or deleted at any time by the Seller, in particular because of a modification or withdrawal of the sale on the initiative. from a manufacturer or supplier. All the information and advice on the products can be found on the Pillow Bio Escot website. Therefore, it is the Customer's responsibility to seek any advice or additional information.
2.Terms of order When placing the first order on the Pillow Bio Escot website, the Customer undertakes to provide accurate and truthful information. The Customer guarantees that he is fully entitled to use the card and that this credit card gives access to sufficient funds for the purchase of the Seller's products. It is reminded that only people legally able to take out contracts for the goods offered on the site can order on the Organic Pillow Escot website. By choosing the method of payment and clicking on the "Accept" button during the ordering process, the Customer agrees on the thing and the price. The Seller will confirm the Customer's order by taking back the contractual information and shipping the product by email.
3.Prices The prices are indicated all taxes included (TTC) and including the expenses of logistical preparation. Seller reserves the right to change prices at any time. However, purchased products will be billed based on the rate in effect at the time of order (subject to availability). If the prices fall a few days after the order, the Customer will not be able to benefit from a discount. In the same way, if the prices increase, the Seller is obliged to respect the prices in force on the day of the order, except obvious error of seizure of the price that the Customer could not ignore in good faith.
4.Availability of productsThe offers presented on the ESCOT Organic Pillow website are valid subject to the availability of products from the partners and suppliers of the Seller, unless it is stated that the product is in stock at the Seller. In case of unavailability of a product ordered, the Customer will be informed by email or telephone of the cancellation of his order or the delivery of a partial order as soon as possible. The Seller may propose to the Customer a product of equivalent quality at a similar price, it being specified that in this case the Seller agrees to bear the costs associated with any right of withdrawal. In case of unavailability of the ordered product, the Customer may request cancellation of the sale and refund of the price. The reimbursement of the price must be made to the Customer by registered letter with acknowledgment of receipt. The Seller agrees to make all these efforts to reimburse the Customer no later than 30 days from receipt of said letter. However, the Customer is informed that the speed with which the bank account is credited depends on the type of credit card of the Customer. If the 30-day period is exceeded, the Customer is invited to contact his bank
5.Payment of the customerThe payment of the purchases is carried out by credit card; Accepted credit cards are: CB, Visa, Eurocard and MasterCard. In case of refusal of the bank whatever the cause (validity of the card exceeded, insufficiently provisioned account, ...), the order will be automatically canceled by the Seller. In the event that the Seller has accepted a payment in installments over time, the failure to pay one of the due dates may result in the obligation to pay a price plus 70 Euros in addition to default interest that will be due. All sums paid by the Customer are considered as down payments and not a deposit. Any late payment after the deadline (s) indicated on the purchase order will be invoiced of penalties of right and without preliminary notice of the Customer. These penalties may not be less than 1.5 times the legal interest rate without prejudice to damages and interest due to the seller.
6.Delivery and reception of the product by the customer6.1 PricesThe delivery rates listed on the Oreiller Bio Escot website are only valid for metropolitan France (excluding DOM-TOM). For any other destination, a preliminary estimate will be made and accepted by the parties. 6.2 TimeframeThe delivery times are specified in the order confirmation of the customer. This is an indicative time that may vary depending on the Seller's supply and transport possibilities. 6.3 Place and dateThe place of delivery is indicated on the confirmation of the order sent to the Customer. The foreseeable date of the delivery will be defined in agreement with the Customer by the Seller or the carrier by email or telephone. The Customer agrees to be present at the agreed date and place. In case of absence not justified by a legitimate reason, the Seller will be entitled to charge the Customer an additional sum of 70 euro. Any additional absence will entail the obligation to recover the product ordered by the Customer at the place indicated by the Seller within a reasonable time. In addition, the Seller will have the option to charge the Customer a storage fee of the property at the rate of 30 euro per day from the provision of the product. The Customer must facilitate access for the delivery of the ordered product. In case of difficulty to deliver the product to a Customer, the Seller reserves the right to make it available to the Customer in a location indicated by the Seller within a reasonable time. Deliverymen are the only ones able to judge the difficulty of the access and reserve the right in particular not to mount a floor or to proceed to passages by window. The Customer can not refuse the delivery of a product that he has ordered due to an access problem. He will also have to make sure before the order of the availability to deliver the product to the indicated place. If he nevertheless wishes to refuse the delivery of the ordered product, the Seller will be entitled to charge the Customer an additional 60 euro for the return of the goods. 6.4 Receipt of the productThe Customer or any third party he has mandated to receive the goods (guardian, family member or neighborhood, ...) must imperatively check the status of the product on the day of delivery. The Customer or the authorized third party must refuse delivery in the event that he finds that some packages are missing or that they are damaged or open. Any visible defect or any non-conformity with the ordered products will have to be mentioned expressly in writing on the delivery note (reservations). The mention "subject to unpacking" or any other equivalent mention can not constitute a valid reserve giving right to claim later. The Customer must then send a registered letter with acknowledgment of receipt containing the reservations and send it to the carrier within two calendar days after delivery. Products accepted without reservation by the Customer or his agent and / or in the absence of mail addressed to the carrier within three days is deemed to be in good order and in good condition and the Seller can not be held liable for this.6.5 Return of the product
In the case of a return of goods, the Customer will be charged an initial fee related to the shipment of the order. The costs related to the return of the order are the responsibility of the Customer. Once the goods have been received, in good condition by the company ESCOT, the customer account of the Customer will receive a credit equal to the amount of the order made net of bank fees applied during the initial transaction and the costs of port generated by the initial shipment. ESCOT reserves the right to refuse any damaged goods.
7. Liability As a professional, the Seller is automatically liable to the Customer for the proper performance of the obligations resulting from the contract concluded at a distance, whether these obligations are to be performed by the Seller who entered into this contract or by other service providers, without prejudice to its right of recourse against them. The Seller may waive all or part of his liability by proving that the non-performance or the improper performance of the contract is attributable either to the Consumer Client or to the unpredictable and insurmountable fact of a third party to the contract, either to a case of force majeure.
8. Warranties8.1 Scope of warrantyThe Seller warrants the Customer against any defect in material or workmanship of the product (manufacturer's warranty). The duration of this guarantee begins with the delivery of the product, is specified on the "product sheet" appearing on the site Pillow Bio Escot or on the label of the delivered product. Under this warranty, the Seller agrees to his choice, either to replace for free with an equivalent product, or to have the defective product repaired by the after-sales service of its manufacturer and / or supplier. Any product required to benefit from the warranty must first be submitted to the Seller's after-sales service whose agreement is essential for any replacement or repair.
9. Retraction right reserved to the consumerIn accordance with the Consumer Code, the Customer has the right to withdraw for a period of 14 days from the day after receipt of the goods. When he wishes to exercise this right, the Customer must return, at his expense, risks and perils, the products in its original packaging and in perfect condition. It is advisable to take out insurance covering this risk up to the value of the goods. In accordance with Article L121-20-2 of the Consumer Code, the right of withdrawal can not be exercised, in case of supply of product made according to the specifications of the Customer or clearly personalized. Thus, custom products or different standard standards (40x60, 50x70), specific sizes or thicknesses can not give rise to any retraction.
10. Intellectual PropertyThe Bio Escot Pillow Site is a work of the mind protected by intellectual property laws. The site and each of the elements that compose it (images, logos, music, database, etc ...) are the exclusive property of Oreiller Bio Escot and / or third parties having granted him all or parts of the rights. Any reproduction or representation, complete or partial, of the site or any of the elements, is prohibited as well as their alteration.
11. Personal DataWith the Client's consent by ticking the appropriate box on the website Pillow Bio Escot, the Seller agrees not to disclose to third parties the personal information provided by Customers on the site Pillows Bio Escot, the latter remaining strictly confidential. The Customer is informed that the personal data of the Customers are used by the Seller's internal service, and its partners for the following purposes: processing of their order, reinforce and personalize the communication in particular by the letters / emails of information as well as in the framework of the personalization of the site according to the noticed preferences of the Customers, commercial prospection for products or services provided by the Seller. In accordance with the law of January 6, 1978, each user has a right to access and rectify data concerning him as well as a right of opposition. These rights must be exercised at the following address: firstname.lastname@example.org Finally, the Seller is prohibited from selling, marketing or renting to any other person the personal information concerning his Customers without the express agreement of them . However, this article can not prevent the transfer of customers or the transfer of activity to a third party. In case of file transfer, transfer of activity to a third party, the Seller undertakes to inform all Customers of the site Oreillers Bio Escot.
12. Applicable Law and JurisdictionThe present general conditions of sale are governed by French law. In case of dispute, the Customer will first contact the customer service of the Seller to obtain an amicable solution. IN THE ABSENCE OF AN AMIABLE SOLUTION, THE COURTS OF LYON WILL BE SOLELY COMPETENT TO KNOW ANY DISPUTE BETWEEN THE PARTIES ABOUT IN PARTICULAR THE TRAINING, EXECUTION, INTERPRETATION, TERMINATION OR RESOLUTION OF THE CONTRACT AND THIS INCLUDING CONSERVATORY PROCEDURES, EMERGENCY PROCEDURES, REFERENCE, CALL FOR GUARANTEE, COMPLAINT OR PLURALITY OF DEFENDANTS.