General conditions of sale of products online between professionals
Preamble
The present general conditions of sale apply to all sales concluded on the Ethike website
The Ethike website is a service of :
- the company Ethike
- located in Malaga
- website address: www.ehtike.eu
- e-mail address : hello@ethike.eu
- telephone number: 04 67 70 70 70
The Ethike website sells the following products: Essential oils and natural soaps of their own production and other aromatherapy products.
The customer declares to have taken knowledge and to have accepted the general conditions of sale before the placing of his order. The validation of the order is therefore equivalent to acceptance of the general conditions of sale.
Article 1 - Principles
The present general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
The present general terms and conditions of sale prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to professional buyers.
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 shall 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 based in France.
The present general conditions of sale are communicated to any buyer who requests them, in order to enable him to place an order.
The present general conditions of sale are applicable until 31 December 2022.
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 and products offered by the seller to the buyer.
The present conditions only concern purchases made on this website and delivered exclusively in metropolitan France and Corsica.
For any delivery in the DOM-TOM or outside France, it is advisable to indicate it to obtain a specific estimate.
Article 3 - The order
The buyer places his order online, from the online catalogue and using the form on the site.
In order for the order to be validated, the buyer must accept, by clicking on the place indicated on the site, the present general conditions. Acceptance will result in the sending of a confirmation e-mail by the seller, in accordance with the conditions described below.
The minimum order amount as a wholesale is €60 excluding VAT.
The buyer must choose the address and the delivery method. Payment can be made by credit card, bank transfer, Paypal.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, notably 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 resolved.
In case of unavailability of an ordered product, the buyer will be informed by e-mail.
The cancellation of the order of this product and its possible refund will then be carried out, the remainder of the order remaining firm and definitive.
Any modification demanded later by the customer that deviates from the initial agreement will result in a price supplement and may lead to an extension of the delivery or service period.
For any question relating to the follow-up of an order, the purchaser can :
- call the following number: 04 67 70 70 70 (cost of a local call), on the following days and at the following times: Monday to Friday from 8.30am to 5pm,
- send an e-mail to the following address: hello@ethike.eu
Article 4 - Electronic signature
The online provision of the buyer's bank details and the final validation of the order shall be deemed proof of the buyer's agreement. This will allow the seller to obtain the payability of the sums due under the purchase order and will be considered as a signature and express acceptance of all operations carried out.
In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is noted, to contact the seller by calling the following number: 04 67 70 70 70, or by sending an e-mail to the following address: bonjour@ethike.eu
Article 5 - Confirmation of the order
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the buyer on the order form.
Article 6 - Proof of the transaction
The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
The invoice can be downloaded from the customer's account on our website.
Article 7 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as being sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible.
The photographs of the products are not contractual.
Article 8 - Price
Calculation
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date. The prices are indicated in euros. They do not take into account delivery costs, which are invoiced in addition and indicated before the order is validated. The prices are shown exclusive of tax. Any change in the applicable VAT rate will have an impact on the final price of the product.
The payment of the totality of the price must be carried out at the time of the order. At no time may 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, either upwards or downwards, this change could be passed on to the selling price of the products.
The prices are exclusive of transport, transport insurance, packaging or any other customs duties, taxes, rights and expenses of any kind that are not specifically mentioned in the order.
Article 9 - Method of payment
We offer the possibility to pay in four different ways.
Although we give priority in the warehouse to orders paid by: credit card and cash on delivery.
They are faster and more convenient for everyone.
This way we reduce the number of orders that pile up in the warehouse waiting for bank transfers.
Because orders paid by bank transfer are managed once the payment appears in the bank.
CREDIT CARD
This is the fastest and most secure way to buy online.
We never store your card number. This way, we protect you from online fraud. The whole process is done through a secure payment platform guaranteed by SSL certificates (as for all online banking sites)
2. BANK TRANSFER
As soon as we receive your order, we will send you an e-mail with our account number and the total of your invoice.
Once the amount of your order has been transferred to our account, the order will arrive at your home within 24 to 48 hours, working days.
Remember, depending on which bank you use, a bank transfer can take 1-3 working days to arrive in our account, delaying the arrival of your order by the same time.
However, you can make a deposit directly to our bank account (Banco Santander), the payment will appear immediately in our online bank and the order will leave the same day.
To do this you must mention your name and order number when depositing so that we can locate the order that has been paid for and send it off.
3. PAYMENT ON DELIVERY
Payment on delivery does not imply any additional cost,
4. PAYPAL PAYMENT
Also a fast and secure way to pay on the Internet. Pay quickly and easily via PayPal. Commissions: the commissions of the PayPal transaction will be shared between the company and the buyer, charging 2.5% to the customer and the rest to our company.
Article 10 - Product availability
Your orders are treated as soon as possible by the Customer Service and the Shipping Department, open from Monday to Friday included. Ethike commits itself to dispatch the orders within 24 hours following the reception of the payment of your order.
Except in case of force majeure or during the periods of closure clearly announced on the homepage of the site, the shipping times will be, within the limit of available stocks, those indicated below. The delivery times run from the date of registration of the order indicated on the order confirmation email. The order is prepared and dispatched within 5 working days. For any order involving large volumes, this time may vary. If this is the case, the customer will be informed by the seller.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or an exchange of the product.
Article 11 - Terms of delivery
Delivery is only made after confirmation of payment by the seller's bank.
The delivery will be made as soon as the seller has received the payment of the order.
For all deliveries in France (metropolitan France and Corsica), the delivery time by Chronopost is 24 hours from the date of dispatch.
In the event of a delay in delivery of more than 7 working days, the Customer must inform the customer service department, which will open an investigation with the carrier concerned. This investigation may last up to 15 days from the date of its opening. If during this period, the parcel is found, it will be forwarded immediately to the Customer's home address (in most cases). If the parcel is not found at the end of the 15-day investigation period, Colissimo will consider the parcel as lost. The customer service will then propose to the customer either the return of a new parcel at our expense, or the full refund of the order.
The products are delivered to the address indicated by the buyer at the time of the order, the buyer must ensure that it is accurate.
Any parcel 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, have an invoice sent to the billing address and not to the delivery address.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice in the mailbox or by e-mail or SMS, which will allow the buyer to choose an instruction to be delivered.
If at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...).
This verification is considered to have been carried out as soon as the buyer, or a person authorised by him/her, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site's legal notices.
If the products need to be returned to the seller, they must be the subject of a request for return to the seller within 14 working days following 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, etc.), neither opened nor used.
Article 12 - Delivery errors
The purchaser must submit to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error of delivery 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.
Only manufacturing or design defects for which the company is entirely and exclusively responsible shall be taken into consideration for the application of this clause.
The complaint can be made, at the buyer's choice :
- by contacting the seller on the following telephone number: 0467 70 70 70
- by using the following e-mail address: bonjour@ethike.eu
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will contact the customer in order to proceed with the resolution of the problem.
In case of error of delivery on the part of the seller, any product to be exchanged or refunded will have to be returned to the seller as a whole and in its original packing, in Colissimo Recommandé, to the following address
Ethike
Address
Zip code City
The return costs are at the expense of the seller.
Article 13 - Guarantee of the products
The seller guarantees the buyer against any defect of conformity of the services and any hidden defect, coming from a defect of conception or supply of the aforementioned services to the exclusion of any negligence or fault of the buyer.
In any case, in the event that the seller's liability is retained, the seller's guarantee shall be limited to the amount paid by the buyer for the purchase of the goods.
Article 14 - Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 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, with the exception of the return costs, which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled, altered or incomplete products are not accepted.
If the right of withdrawal is exercised within the time limit, the price of the product(s) purchased will be refunded.
The return costs are at the buyer's expense.
Article 15 – Cases of force majeure
All circumstances beyond the control of the parties, which prevent the performance of their obligations under normal conditions, are considered as causes of exoneration from the obligations of the parties and lead to their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 16 - Partial invalidation
If one or more clauses of these general terms and 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 court, the other clauses shall retain all their force and scope.
Article 17 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 18 - Applicable law
The present general conditions are subject to the application of French law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or performance of the Contract.
If they fail to do so, the parties shall submit the dispute to the Commercial Court.
Article 19 - Conditions of resale and use of the goods
The customer is aware that the goods may not be used or consumed in any way other than as recommended on the website. The goods may not be used or consumed, in particular beyond their expiry date. The goods must be stored in an environment and at a temperature as specified on or in the box or on the Site. The customer must take care to check on or in the box as well as on the Site what the storage requirements are for each item purchased.
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The purchase, use or consumption of the goods does not in any way exempt the customer from consulting a doctor or a health professional, whatever the symptoms.
In the event of resale of our Company's products on the Internet, the client undertakes not to resell at prices lower than those displayed on the Company's website intended for sale to the general public: ethike.eu
Article 20 - Intellectual Property Rights
All elements appearing on the Site are protected by copyright and, in general, by the principles of intellectual property law.
They may not be copied, modified, placed on another site or published in any form without prior written authorization from the company.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
Article 21 - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles shall be declared non-existent.
Article 22 - Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 23 - In the event of litigation
In case of dispute, the Customer will address by priority to the company to obtain an amicable solution.
Ethike cannot in no case and in no way be held responsible for the damage of any nature which could result from a bad use or consumption of the goods, or by the possible modifications of the goods carried out by the customer or by the manufacturer.
In the event that the contractual liability of the company is nevertheless incurred for any reason whatsoever, the company shall only be liable for direct and foreseeable damage suffered by the customer and caused exclusively by his gross negligence or wilful misconduct, excluding any other damage such as, in particular, loss of earnings or profit, loss of expected savings, increase in overheads or other indirect damage or loss.
Article 24 - Collection of personal data
Collected data:
The personal data that are collected on this site are the following:
Account opening: during the creation of the user's account, his name, first name, e-mail address; telephone number; postal address; ;
Connection: when the user connects to the website, it records, in particular, his name, first name, connection data, usage data, location and payment data.
Profile: When using the services provided on the website, a profile is created, which may include an address and telephone number.
Payment: When paying for products and services offered on the website, the website does not store the customer's bank details.
Communication: when the website is used to communicate with other members, data concerning the user's communications is temporarily stored.
Cookies: cookies are used as part of the use of the website. The user has the possibility to deactivate the cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. Specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organizing the conditions of use of the Payment Services;
- verification, identification and authentication of the data transmitted by the user;
- offering the User the possibility of communicating with other users of the Website;
- implementation of user assistance;
- personalization of services by displaying advertisements according to the user's browsing history and preferences;
- prevention and detection of fraud, malicious software and management of security incidents;
- management of possible disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracted;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user allows a third party's website to access his/her data;
- when the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may carry out the transmission of data to follow up on claims made against the website and to comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In such a case, users would be notified before any personal data is transferred to a third party.
Security and Privacy
The website implements organizational, technical, software and physical measures for digital security to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of users' rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise at the following address bonjour@ethike.eu:
- they can update or delete their data by logging into their account and configuring the settings of this account;
- they can delete their account by writing to bonjour@ethike.eu. Note that information shared with other users, such as forum postings, may remain publicly visible on the website even after their account is deleted;
- they can exercise their right of access to their personal data by writing to the following e-mail address: bonjour@ethike.eu. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy;
- if the personal data held by the website are inaccurate, they can request the update of the information, by writing to the following email address: bonjour@ethike.eu ;
- Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: bonjour@ethike.eu.
Changes to this clause
The website reserves the right to make changes to this privacy policy at any time. If a change is made to this data protection clause, the website undertakes to publish the new version on its website. The website 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/she has the possibility to delete his/her account.