TERMS OF SALE

Article 1 - Integrality

These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels.

They are accessible on the website www.store.e-eclectic.com and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

Article 2 - Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.store.e-eclectic.com.

These conditions only apply to purchases made by buyers located in the United States (US), Canada, and Mexico and delivered exclusively to these countries. For any delivery outside North America, a message should be sent to [email protected]

These purchases relate to products online at www.store.e-eclectic.com.

The buyer declares to have read these general conditions of sale and to have accepted them before purchasing immediately or placing an order. In this regard, they are enforceable against it in accordance with the terms of Article 1119 of the French Civil Code.

 

Article 3 – Pre-contractual information

3.1 The buyer acknowledges having had communication, prior to placing their order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the French Consumer Code.

 

3.2 The following information shall be transmitted to the purchaser in a clear and comprehensible manner:

 

- the essential characteristics of the products ;

- the price of the products;

- in the absence of immediate execution of the contract, the date or the deadline by which the service provider undertakes to deliver the goods or to perform the service, whatever its price;

- information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementation of guarantees and other contractual conditions.

 

3.3 Information the seller communicates to the buyer

The seller provides the buyer with the following information:

- his name or company name, the geographical address of his establishment and, if different, that of the registered office, his telephone number and his e-mail address ;

-the methods of payment, delivery and execution of the contract, as well as the methods provided by the professional for the treatment of complaints;

- in the event of sale, the existence and terms of exercise of the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the French Consumer Code, the guarantee of hidden defects provided for in Articles 1641 et seq. of the French Civil Code and, where applicable, the commercial guarantee and after-sales service referred to in Articles L. 217-15 and L. 217-17 of the French Consumer Code, respectively.

3.4 The seller indicates, as far as digital content is concerned :

- any relevant interoperability of such content with certain hardware or software of which the professional is or should reasonably be aware.

Article 4 – The order

The buyer has the possibility to place his order online, from the online catalog and by means of the form contained therein, for any product, within the limits of available inventory.

In case of unavailability of a product ordered, the buyer will be informed by e-mail.

For the order to be validated, the buyer must accept, by clicking in the indicated place, the present general conditions. He will also have to choose the address and the way of delivery, and finally validate the way of payment.

The sale will be considered final:

- after sending to the buyer the confirmation of acceptance of the order by the seller by e-mail ;

- and after receipt by the seller of the total price.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any disagreement on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is solved.

The cancellation of the order of this product and its possible refund will then be made, the rest of the order remaining fixed and definitive.

For any question relating to the follow-up of an order, the buyer must call 212-334-3600 from 12 pm to 5 pm, Wednesday to Sunday. (cost of a local call).

Article 5 – Electronic signature

The online provision of the buyer's credit card number and the final validation of the order will be proof of the buyer's agreement:

- Payability of the sums due under the purchase order,

- signature and express acceptance of all operations carried out.

In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact +1 (212) 334-3600

Article 6 – Order confirmation

The seller provides the buyer with an electronic invoice confirming the express commitment of the parties.

Article 7 – Proof of transaction

The computerized registers, kept in the seller's computer systems under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as proof.

Article 8 – Product information

The products governed by these terms and conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are proposed within the limit of available stocks.

The products are described and presented as precisely as possible. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held responsible.

The photographs of the products are not contractual.

Article 9 - Price

The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability at that date.

Prices are indicated in dollars. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the tax applicable on the day of the order and any change in the applicable tax rate will automatically be reflected in the price of the products in the online store. Payment of the totality of the price must be made at the time of the order. At no time can the sums paid be considered as a deposit or advance payment.

If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, upwards or downwards, this change may be passed on to the selling price of the products.

Article 10 – Payment options

It is an order with an obligation of payment, which means that the placing of the order implies a payment by the buyer.

To settle his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he has the authorizations possibly necessary to use the payment method chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card by the officially accredited organizations or in case of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment conflict is in progress. The seller has set up an order verification procedure designed to ensure that no one uses the bank details of another person without his knowledge.

As part of this verification, the buyer may be asked to send the seller a copy of an identity document and proof of address. The order will then be validated only after receipt and verification by the seller of the documents sent.

The payment of the price is carried out cash with the order.

The payments made by the buyer will be considered final only after effective collection of the sums due by the seller.

Article 11 – Product availability - Reimbursement – Resolution

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in the United States of America, the delivery time is 30 working days from the day following the day on which the buyer placed his order.

In the event of failure to comply with the agreed delivery date or deadline, the buyer shall, before cancelling the contract, instruct the seller to perform the contract within a reasonable additional period of time.

Should the Buyer fail to do so after the expiry of this new period, the Buyer shall be free to dissolve the contract.

The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.

The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.

However, the purchaser may immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for him.

In this case, when the contract is cancelled, the seller is required to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to request either a refund of the sums paid within 30 days at the latest of his payment, or the exchange of the product.

 

Article 12 – Terms of delivery

Delivery means the transfer of physical possession or control of the goods to the consumer. It is made only after confirmation of payment by the seller's bank.

The products ordered are delivered by parcel post.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the carrier will leave a delivery notice in the mailbox, which will allow the buyer to collect the package at the place and during the period indicated.

If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products...).

This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail within two working days of receipt of the item(s) and send a copy of this mail by e-mail or simple mail to the seller at the address indicated in the legal notices of the site.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 7 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions ...).

Article 13 – Delivery errors

The buyer must make to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

The complaint may be made, at the choice of the buyer:

- telephone number: +1 (212) 334-3600

- e-mail address: [email protected]

Any claim not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.

In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging at the following address: ECLECTIC STUDIO NY LLC,  27 Greene Street, New York, NY 10013

The costs of return are at the expense of the seller.

Article 14 – Risk transfer

The transfer of ownership and the risks of loss and deterioration relating thereto will only be carried out after full payment of the price by the purchaser, and his acceptance of the delivery. The products therefore travel at the seller's risk.

Article 15 – Product warranty

SAS ECLECTIC STUDIO, 8 rue Charlot, 75003 Paris, guarantees the conformity of the goods, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the French Consumer Code or the guarantee of defects of the thing sold within the meaning of Articles 1641 and following of the French Civil Code.

Article 16 – Right of cancellation

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.

However, the products must be returned in the original packaging and in perfect condition within 14 days following notification to the seller of the buyer's decision to retract to ECLECTIC STUDIO NY LLC, 27 Greene Street, New York, NY 10013

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be re-marketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not accepted.

Any mode of declaration of retraction is accepted. It must be unambiguous and express the willingness to withdraw.

In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased will be refunded.

The costs of return are borne by the buyer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided for above.

Article 17 - Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered as grounds for exoneration of the parties' obligations and lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unpredictable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. In an express way, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.

Article 18 – Intellectual property

The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the only owner of the intellectual property rights on this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.

 

Article 19 – Computing and liberty

The nominative data provided by the buyer are necessary for the processing of the order and the establishment of invoices.

They may be communicated to the vendor's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the www.store.e-eclectic.com website is in accordance with the prerogatives of the CNIL. The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the terms and conditions defined on the website www.store.e-eclectic.com.

Article 20 – Partial non-approval

If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.

Article 21 - Non-waiver

The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions can not be interpreted for the future as a waiver of the obligation in question.

Article 22 – Title

In case of difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.

Article 23 – Contract language

The present general conditions of sale are written in English language. In the case they are translated into one or more foreign languages, only the English text shall be deemed authentic in the event of a conflict.

Article 24 - Mediation

The buyer may have recourse to conventional mediation, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.

The present general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. The same applies to the rules of substance as to the rules of form. In the event of a dispute or complaint, the buyer shall first contact the seller to obtain an amicable solution.

Article 25. – Protection of personal data

25.1 – Collection of personal data

The personal data collected on this site (or "Platform") are as follows:

Account opening

When creating the user's account, the user's first and last name, email address and date of birth.

Login

When the user connects to the Platform, the Platform records, in particular, the user's surname, first name, connection data, usage data, location data and related data.

Profile

The use of the services provided on the Platform allows to fill in a profile, which may include addresses and telephone numbers.

Payment

As part of the payment for products and services offered on the Platform, the Platform records financial data relating to the user's bank account or credit card.

Communication

When the Platform is used to communicate with other members, the data concerning the user's communications are subject to temporary storage.

Cookies

Cookies are used, within the framework of the use of the site. The user has the possibility to disable cookies from their browser settings.

 

 

25.2 – Use of personal data

The personal data collected from users is used to provide the Platform's services, improve them and maintain a secure environment. More specifically, the uses are as follows:

- access and use of the Platform by the user;

- management of the operation and optimization of the Platform;

- organization of the conditions of use of the Payment Services;

- verification, identification and authentication of the data transmitted by the user;

- offering the user the possibility to communicate with other users of the Platform;

-implementation of user support;

- personalization of the services by displaying advertisements based on the user's browsing history, according to the user's preferences;

- prevention and detection of fraud, malware (malicious software) and management of security incidents;

- management of possible disputes with users;

- sending commercial and advertising information, according to the user's preferences.

25.3 – Sharing of personal data to a third

Personal data may be shared with third party companies in the following cases:

- when the user uses payment services, for the implementation of these services, the Platform is in contact with third party banking and financial companies with which it has concluded contracts;

- when the user publishes publicly available information in the Platform's free comment areas;

- when the user authorizes the website of a third party to access his data;

- when the Platform uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data, in the context of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;

- if required by law, the Platform may carry out the data transmission in order to pursue claims against the Platform and to comply with administrative and judicial procedures ;

- if the Platform is involved in a merger, acquisition, asset sale or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

25.4 – Transfer of personal data

Due to the organization of the company responsible for the Platform, within an international group, the user authorizes the Platform to transfer, store and process its information in France. The laws in force in this country may differ from the laws applicable in the user's place of residence. By using the Platform, the user consents to the transfer of their personal data to France.

The Platform remains responsible for personal data that is shared with third parties under the Privacy Shield.

The Platform complies with the rules of the Privacy Shield between the European Union and the United States, as formulated by the U.S. Department of Commerce regarding the collection, use and retention of personal data transferred to the United States from the European Union. The Platform has declared to the U.S. Department of Commerce that it adheres to the principles of the Privacy Shield. In the event of a conflict between the terms of the clause and the Privacy Shield Principles, the Privacy Shield Principles shall prevail.

25.5 – Security and confidentiality

The Platform implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Platform cannot guarantee the security of the transmission or storage of information on the Internet.

25.6 – Execution of user rights

In application of the regulations applicable to personal data, users have the following rights:

- they can update or delete data concerning them by logging into their account and configuring the parameters of this account ;

-they can delete their account by writing to the following e-mail address [email protected] Please note that information shared with other users, such as postings on forums, may remain visible to the public on the platform, even after deletion of their account.

- They can exercise their right of access, to know the personal data concerning them, by writing to the following e-mail address: [email protected] In this case, before implementing this right, the Platform may request proof of the user's identity in order to verify its accuracy.

- if the personal data held by the Platform is inaccurate, they may request that the information be updated by writing to the following e-mail address: [email protected]

- Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: [email protected]

25.7 – Evolution of the current clause

The Platform reserves the right to make any changes to the current clause relating to the protection of personal data at any time. If a modification is made to this clause on the protection of personal data, the Platform undertakes to publish the new version on its website. The Platform will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete their account.