GENERAL TERMS AND CONDITIONS OF SALE
We welcome you to the Marie Berthouloux Ekceli website, available at the following address: https://ekceli.com/ (the "Site").
Please read carefully these general terms and conditions of sale ("GTC") which govern the sale of our Products available on the Site. The Site does not allow the purchase of Products for resale. For the purposes of these GTC, it is agreed that the terms "You" or "Buyer" refer to the person browsing the Site and/or ordering Products from it, and the terms "Ekceli" or "Seller" refer to the company identified in the legal notice below. The Buyer and the Seller shall be collectively referred to as the "Parties" and individually as a "Party".
LEGAL NOTICE
URL : https://ekceli.com/
For the purposes of these GTC, "Products" (in the singular and plural) refers to the textile and embroidery creations prepared by Ekceli and available for sale on the Site. The Products are described and presented on the Site as accurately as possible. However, Ekceli shall not be held liable for any errors or omissions in this presentation. The photographs or graphic representations of the Products available on the Site are not contractual. The Products comply with the French regulations in force. In case of questions about the Products, the Buyer may contact the Seller (mb@ekceli.com - +33699002067).
2.2 Product availability
2.2.1. The Products are offered within the limits of the stocks available at the time the Buyer places the order. A Product that has become unavailable is indicated as such. It is specified that Ekceli shall make every effort to ensure the availability of the entire range of Products offered. At any time, Ekceli reserves the right to modify or no longer market the Products offered on the Site. However, such modifications shall not affect orders accepted by Ekceli prior to the entry into force of such modifications.
2.2.2. In the event of unavailability of the Product ordered, the Buyer shall be informed within eight (8) working days and shall have the option of cancelling the order. The Buyer will then have the choice of requesting either a refund of the sums paid within fourteen (14) working days following the Buyer's information, or an exchange of the Product within the limits of available stocks.
ARTICLE 3 - ORDERING
The Buyer may place an order online, from the photographs available online and using the purchase process in force, for any Product, subject to availability. In order for the order to be validated, the Buyer must accept, by clicking where indicated, the present GTC. He/she must also choose the address and the delivery method for the Products, and finally validate the payment method.
The sale will be considered final :
● after Ekceli has sent the Buyer confirmation of acceptance of the order by e-mail ;
● and after Ekceli has received the full price of the Product.
Any order implies acceptance of the prices and description of the Products available for sale.
Ekceli shall provide the Buyer with an order confirmation summarising the essential characteristics of the Product purchased or, with the Buyer's consent, on another durable medium.
In certain cases, such as non-payment, incorrect address, or other problems with the Buyer's account, Ekceli reserves the right to block the Buyer's order until the problem is resolved.
ARTICLE 4 - ACCESS TO THE SITE AND CREATION OF AN ACCOUNT
Placing orders on the Site requires the creation of an account (hereinafter "the Account"), access to which is conditioned by the use of a personal identifier and password (hereinafter "the Identifiers") placed under the exclusive control of the Buyer and which enables him/her to access the payment interface. The Buyer wishing to create an Account is invited to enter an e-mail address to which a message is immediately sent to confirm it and allow the creation of an Account. The Buyer will be asked to choose a password. Where applicable, the password guarantees the confidentiality of the information contained in the Account. The Buyer shall therefore refrain from transmitting or communicating it to a third party. Otherwise, Ekceli shall not be held responsible for unauthorised access to a Buyer's Account. The Buyer undertakes to immediately inform Ekceli if a third party becomes aware of its identifiers and to take immediate and effective measures, such as changing the password. Ekceli shall not be held liable for any fraudulent use of a Buyer's Account. All costs related to access, whether hardware, software or Internet access, shall be borne exclusively by the Buyer, who is solely responsible for the proper functioning of his or her computer equipment and Internet access.
The Site is accessible 24 hours a day, 7 days a week.
However, Ekceli reserves the right, without prior notice or compensation, to temporarily or permanently close the Site, in particular to carry out updates, maintenance operations, modifications or changes to operational methods, servers and accessibility times, without this list being exhaustive.
Consequently, Ekceli shall not be liable for any damages of any kind that may result from such changes and/or temporary unavailability or permanent closure of all or part of the Site or its associated services.
It shall be the responsibility of the Buyer to ensure that the computer and transmission resources at its disposal are able to adapt to changes in the Site.
Ekceli shall endeavour to implement all necessary means to keep the Site accessible to the Purchasers.
ARTICLE 5 - PRICES AND PAYMENT TERMS
5.1 Ekceli reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time the Buyer places the order, subject to the availability of the Product on that date. Prices are indicated in euros and net of VAT. They do not take into account delivery costs, which are invoiced in addition and indicated before the order is validated. The payment of the totality of the price must be made 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 are created or modified, either upwards or downwards, this change may be reflected in the sale price of the Products.
5.2 This is an order with a payment obligation, which means that placing the order implies payment by the Buyer. To pay for the order, the Buyer may choose from among the payment methods made available by Ekceli and listed on the Site. In the event of payment by credit card, the communication of the number shall constitute authorisation to debit the bank account. However, this information is not kept by the Seller. Payment of the price is made in cash at the time of ordering and in euros. Bank charges incurred by the payment shall be borne by the Buyer. Payments made by the Buyer shall not be considered final until the amounts due to Ekceli have been effectively collected. In the event of non-payment of the order by the Buyer within eight (8) working days, the Buyer shall be notified by e-mail of the cancellation of the order.
ARTICLE 6 - DELIVERY OF PRODUCTS
6.1 Concerning the Products
Delivery means the transfer to the Buyer of physical possession or control of the Product by the carrier to whom Ekceli has entrusted the Product for delivery. Delivery shall be made only after confirmation of payment by Ekceli's banking institution. The Products ordered shall be delivered in the following manner :
● For metropolitan France, the maximum delivery time is thirty (30) working days from the date of the order of the Product, unless a specific stipulation is indicated before the order is placed as well as prior to the final validation of the order. In this case, Ekceli shall provide the Buyer with an estimated delivery range, and the Seller shall not be held responsible for any delay in delivery. This period shall be indicated in the order summary and in the delivery tracking section of the Site.
● For delivery outside metropolitan France, the Buyer is invited to contact Ekceli's customer service (mb@ekceli.com +33699002067).
The Products are delivered to the address indicated by the Buyer during the purchase process on the Site, the Buyer shall ensure its accuracy and provide all information necessary for the proper delivery of the Products. Any package returned to Ekceli because of an incorrect or incomplete delivery address shall be reshipped at the Buyer's expense. The Purchaser may, at his/her request, obtain an invoice sent 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 notice of passage in the letterbox, which will allow the Buyer to collect the parcel at the place and during the time indicated. The Buyer must check the delivery and in particular the condition of the Products, which will be considered as having been carried out once the Buyer, or a person authorised by him, has signed the delivery note. If at the time of delivery, the original packaging is damaged, torn or open, the Buyer must check the condition of the Products. If they have been damaged, the Buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged). The Buyer must confirm these reservations to the carrier by registered mail within three (3) days of receiving the item(s) and send a copy of this letter by regular mail or e-mail to Ekceli for the attention of the customer service department at the address indicated above. Subject to the prior agreement of the customer service department requested at the latest five (5) days before and by appointment, the Buyer may also come and pick up the Products purchased directly at Ekceli's premises, located at 15 rue Michelet 93100 Montreuil. In the event of delivery problems, the Buyer may contact the Seller: mb@ekceli.com +33699002067.
ARTICLE 7 - RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code, if the Purchaser is a private individual not acting for professional purposes (i.e., a consumer as defined in the preliminary article of the Consumer Code), the Purchaser has a period of fourteen (14) working days from the date of validation of the order to exercise his/her right of withdrawal. In order to exercise the right of withdrawal, the Buyer must notify Ekceli of his/her decision to withdraw before the expiry of the withdrawal period, by sending the withdrawal form or any other unambiguous statement expressing his/her wish to withdraw :
(i) by post to the following address: 15 rue Michelet 93100 Montreuil; or
(ii) by email to the following address: mb@ekceli.com. To this end, a standard withdrawal form is available to the Buyer in Annex II of these general terms of sale.
The Buyer may also fill in and send the withdrawal form: [downloadable here and/or to be filled in online - insert URL referring to the place where the Buyer can insert the form for sending].
If the right of withdrawal is exercised within the above-mentioned period, the sums paid for the purchase of the Product will be refunded. The refund shall be made within fourteen (14) days from the date on which Ekceli's customer service was informed of the Buyer's decision to withdraw under the above-mentioned conditions. Ekceli shall make this refund using the same means of payment as the one used by the Buyer for the initial transaction, unless the Buyer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the Buyer.
No right of withdrawal shall be granted to professional Buyers.
ARTICLE 8 - REFUND - RESOLUTION
Except in the event of force majeure as defined below or during periods when the online shop is closed, which will be clearly announced on the Site's home page, shipping times will be, within the limits of available stocks, those indicated above. In the event of failure to comply with the agreed delivery date or deadline, the Buyer shall, before terminating the contract, require Ekceli to perform within a reasonable additional period. If the Buyer fails to do so within this additional period, it may freely terminate the contract. The Buyer shall complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium. The contract shall be deemed terminated upon receipt by Ekceli of the letter or writing informing it of such termination, unless Ekceli has performed in the meantime. If the contract is terminated, Ekceli shall reimburse the Buyer for all amounts paid.
ARTICLE 9 - OWNERSHIP AND TRANSFER OF RISK
Ownership of the Product ordered shall pass to the Buyer upon acceptance of the order by Ekceli and receipt of the full price of the Product.
However, the transfer of the risk of loss and deterioration relating thereto shall be effected as soon as the Product is actually delivered to the Buyer.
ARTICLE 10 - LEGAL GUARANTEES
10.1 - Legal guarantee of conformity and legal guarantee against hidden defects
Ekceli guarantees the conformity of the Products with the order, allowing the Purchaser to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code. These articles are reproduced in Appendix I. The warranty granted by Ekceli does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the Products.
10.2 - Reminder of the Buyer's rights
It is hereby recalled that when acting under the legal warranty of conformity, the Buyer :
● has a period of two (2) years from the delivery of the goods to act ;
● may choose between repairing or replacing the good, subject to the cost conditions provided for in the second paragraph of article L. 211-9 of the Consumer Code;
● is exempted from proving the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.
The Buyer may also decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, the Buyer may choose either to terminate the sale or to reduce the sale price in accordance with Article 1644 of the Civil Code.
When the Buyer benefits from the legal guarantee of conformity or the legal guarantee of hidden defects, delivery costs shall be reimbursed on the basis of the rate invoiced by Ekceli and return costs shall be reimbursed upon presentation of supporting documents.
ARTICLE 11 - LIABILITY OF EKCELI
Ekceli shall not be held liable for any inconvenience or damage inherent in the use of the Internet, including but not limited to service interruptions, bugs, external intrusion or the presence of computer viruses.
In case of professional purchases, Ekceli shall not be held liable for any indirect damages resulting from the present, operating loss, loss of profit, loss of opportunity, damages or expenses incurred as a result of the purchase of Products.
ARTICLE 12 - PRE-CONTRACTUAL INFORMATION
The Buyer acknowledges having had access, prior to placing his/her order, in a legible and comprehensible manner, to these GTCs and to all the information listed in article L. 221-5 of the French Consumer Code.
The Buyer confirms that he/she has read the following information:
● the essential characteristics of the Product;
● the price of the Product;
● in the absence of immediate execution of the contract, the date or the deadline by which the Seller undertakes to deliver the Product, regardless of its price;
● its name or corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and its e-mail address;
● the arrangements for payment, delivery and performance of the contract, and the arrangements for dealing with complaints;
● the existence of and the procedures for exercising the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code and the guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code.
ARTICLE 13 - INTELLECTUAL PROPERTY
The content of the Site, as well as the trademarks, drawings, models, images (animated or not), texts, photographs, logos, graphic charts, software and programs, search engines, databases, sounds, videos, domain names, design, the know-how and all other content making up the Site (the "Elements"), without this list being exhaustive, are the exclusive property of Ekceli or of its partners or third parties who have granted it a licence, and are protected by intellectual property rights which are or will be recognised according to the laws in force. Ekceli grants the Buyer a free, personal, non-exclusive and non-transferable right to access and use the Site, subject to its acceptance of and compliance with these Terms and Conditions of Sale. Any other right is expressly excluded without the express consent of Ekceli. In particular, any downloading, reproduction, screen capture, representation, adaptation, decompilation or total or partial deletion of all or part of the Elements, by any process whatsoever, for any reason whatsoever, on any medium whatsoever, in part or in full, without the express authorisation of Ekceli or of the holders of the rights to such content, is prohibited and shall constitute an act of infringement punishable by the provisions of the Intellectual Property Code and the Criminal Code. In addition, all intellectual property rights, whatever their nature, attached to the Products sold through the Site are and remain the exclusive property of Ekceli, and are exclusively reserved to it. Under these conditions, any use, reproduction, representation, exploitation, adaptation, or distribution of the Products, by any process whatsoever, for any reason whatsoever, on any medium whatsoever, in part or in full, without the express authorisation of Ekceli, is prohibited and shall constitute an act of infringement punishable by the provisions of the Intellectual Property Code and the Penal Code. These GTC do not imply any transfer of intellectual property rights of any kind, on the Elements or on the Products, belonging to Ekceli, to the benefit of the Buyer. Consequently, the Buyer shall refrain from any action that may directly or indirectly infringe Ekceli's intellectual property rights.
ARTICLE 14 - PERSONAL DATA
Ekceli, as the data controller, collects, stores, and uses the Buyer's personal data for the purposes of performing the contract.
This data is used by Ekceli and its partners or subcontractors for the purposes of selling and delivering the Products.
Subcontractors acting on Ekceli's instructions are required to implement appropriate measures to protect such personal data.
The Buyer's personal data shall be kept for a period of 10 years after the end of the commercial relationship.
Ekceli undertakes to strictly apply the applicable regulations on the protection of personal data, namely, as a company subject to French law, Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, as amended ("Loi Informatique et Libertés"), as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation ("GDPR").
In accordance with the applicable regulations, the Buyer has:
● a right of access and rectification, deletion and portability of information concerning him/her;
● a right to limit and oppose for legitimate reasons the processing of his/her personal data.
The Buyer may exercise these rights by writing to the following e-mail address: mb@ekceli.com
However, this opposition may, in practice and depending on the case, have an impact or make it impossible to carry out the sale. The Buyer also has the right to appeal to a national supervisory authority such as the Commission Nationale de l'Informatique et des libertés in the event of a breach of the applicable regulations on the protection of personal data and in particular of European Regulation No. 2016-679. The Buyer is invited to read Ekceli's Personal Data Protection Policy, which aims to define the rules applicable to the collection and processing of personal data, accessible here: [link].
ARTICLE 15 - FORCE MAJEURE
Events beyond the control of the Parties, which they could not reasonably be expected to foresee and which they could not reasonably avoid or overcome, shall be considered force majeure or fortuitous events, insofar as their occurrence renders the performance of the obligations totally impossible.
In such circumstances, Ekceli shall notify the Buyer in writing, including by e-mail, and the contract between the Parties shall be suspended by operation of law, without compensation, as of the date of the occurrence of the event. 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 event lasts more than thirty (30) days from the date of occurrence, the order placed by the Buyer and accepted by Ekceli may be terminated by the most diligent party, without either party being entitled to claim damages.
ARTICLE 16 - PARTIAL NON-VALIDATION
If one or more of the provisions of these GTC 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 provisions shall retain all their force and scope.
ARTICLE 17 - NON-RENUNCIATION
The fact that one of the Parties does not take advantage of a breach by the other Party of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question.
ARTICLE 18 - MODIFICATION
The Seller may at any time update these GTC, the version applicable to the Buyer is the one in force on the Site on the date the order is placed. The current GTCs may be consulted at any time under the heading "General Terms and Conditions of Sale", which may be accessed from any page of the Ekceli site. The Buyer may save and/or print the GTC.
Article 19 - MEDIATION
The Buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
ARTICLE 20 - APPLICABLE LAW AND COMPETENT JURISDICTIONS
These GTC and the contractual relationship between Ekceli and the Buyer shall be governed by French law. In the event of a dispute, and failing resolution through the mediation provided for in the above article if the Buyer is a consumer within the meaning of the Consumer Code, the dispute shall be brought before the competent French courts.
ARTICLE 21 - CONTACTS
For any question, information or claim, the Buyer may contact Ekceli:
● By e-mail: mb@ekceli.com
● By post : studio address: 15 rue Michelet 93100 Montreuil or head office address : 47 bis rue Benard 75014 Paris
APPENDIX I: PROVISIONS RELATING TO GUARANTEES Article L. 217-4 of the Consumer Code “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article L. 217-5 of the Consumer Code “The property is in accordance with the contract: 1° If it is specific to the use usually expected of a similar item and, where applicable: if it corresponds to the description given by the seller and has the qualities that the latter presented to the Buyer in the form of a sample or model; if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
APPENDIX II: Withdrawal form (article R. 221-1 of the consumer code) Please complete and return this form only if you wish to withdraw from the order placed on the Site https://ekceli.com/ except exclusions or limits to the exercise of the right of withdrawal according to the GCS. For the attention of the Seller: Marie Berthouloux Ekceli 47 bis rue Benard 75014 Paris I hereby notify you of my withdrawal from the contract relating to the sale of the following services: Ordered on: Consumer name: Consumer's address: Date and signature of the consumer (only in case of notification of this form on paper):
Please read carefully these general terms and conditions of sale ("GTC") which govern the sale of our Products available on the Site. The Site does not allow the purchase of Products for resale. For the purposes of these GTC, it is agreed that the terms "You" or "Buyer" refer to the person browsing the Site and/or ordering Products from it, and the terms "Ekceli" or "Seller" refer to the company identified in the legal notice below. The Buyer and the Seller shall be collectively referred to as the "Parties" and individually as a "Party".
LEGAL NOTICE
URL : https://ekceli.com/
Publisher : Marie Berthouloux Ekceli - Siret 78847058100034 - studio address: 15 rue Michelet 93100 Montreuil - registered office address: 47 bis rue Benard 75014 Paris
Seller : Marie Berthouloux Ekceli - Siret 78847058100034 - studio address: 15 rue Michelet 93100 Montreuil - head office address: 47 bis rue Benard 75014 Paris
Intracommunity VAT number : FR19788470581
Customer service : mb@ekceli.com +33699002067
Director of Publication : Marie Berthouloux
Host : OVH for the website, Shopify for the e-shop
ARTICLE 1 - PURPOSE
These GTC express the entirety of the conditions applicable to sales transactions on the Site, from which products manufactured by Ekceli are marketed.
These GTC, and all sales made on the Site, are concluded between a natural or legal person wishing to make a purchase for his or her own personal use, via the Site, and Ekceli.
These GTC apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels.
They are accessible on the Site and shall prevail, if necessary, over any other version or any other contradictory document.
The Buyer declares that he/she has read the GTC and has accepted them as soon as he/she has validated his/her order on the Site by clicking. Acceptance of the GTCs assumes that the Buyer is of legal age and has the legal capacity to do so, or, failing that, that he/she obtains the authorisation of a guardian or curator if he/she is incapable.
ARTICLE 2 - PRODUCTS
2.1 Presentation and description of the ProductsFor the purposes of these GTC, "Products" (in the singular and plural) refers to the textile and embroidery creations prepared by Ekceli and available for sale on the Site. The Products are described and presented on the Site as accurately as possible. However, Ekceli shall not be held liable for any errors or omissions in this presentation. The photographs or graphic representations of the Products available on the Site are not contractual. The Products comply with the French regulations in force. In case of questions about the Products, the Buyer may contact the Seller (mb@ekceli.com - +33699002067).
2.2 Product availability
2.2.1. The Products are offered within the limits of the stocks available at the time the Buyer places the order. A Product that has become unavailable is indicated as such. It is specified that Ekceli shall make every effort to ensure the availability of the entire range of Products offered. At any time, Ekceli reserves the right to modify or no longer market the Products offered on the Site. However, such modifications shall not affect orders accepted by Ekceli prior to the entry into force of such modifications.
2.2.2. In the event of unavailability of the Product ordered, the Buyer shall be informed within eight (8) working days and shall have the option of cancelling the order. The Buyer will then have the choice of requesting either a refund of the sums paid within fourteen (14) working days following the Buyer's information, or an exchange of the Product within the limits of available stocks.
ARTICLE 3 - ORDERING
The Buyer may place an order online, from the photographs available online and using the purchase process in force, for any Product, subject to availability. In order for the order to be validated, the Buyer must accept, by clicking where indicated, the present GTC. He/she must also choose the address and the delivery method for the Products, and finally validate the payment method.
The sale will be considered final :
● after Ekceli has sent the Buyer confirmation of acceptance of the order by e-mail ;
● and after Ekceli has received the full price of the Product.
Any order implies acceptance of the prices and description of the Products available for sale.
Ekceli shall provide the Buyer with an order confirmation summarising the essential characteristics of the Product purchased or, with the Buyer's consent, on another durable medium.
In certain cases, such as non-payment, incorrect address, or other problems with the Buyer's account, Ekceli reserves the right to block the Buyer's order until the problem is resolved.
ARTICLE 4 - ACCESS TO THE SITE AND CREATION OF AN ACCOUNT
Placing orders on the Site requires the creation of an account (hereinafter "the Account"), access to which is conditioned by the use of a personal identifier and password (hereinafter "the Identifiers") placed under the exclusive control of the Buyer and which enables him/her to access the payment interface. The Buyer wishing to create an Account is invited to enter an e-mail address to which a message is immediately sent to confirm it and allow the creation of an Account. The Buyer will be asked to choose a password. Where applicable, the password guarantees the confidentiality of the information contained in the Account. The Buyer shall therefore refrain from transmitting or communicating it to a third party. Otherwise, Ekceli shall not be held responsible for unauthorised access to a Buyer's Account. The Buyer undertakes to immediately inform Ekceli if a third party becomes aware of its identifiers and to take immediate and effective measures, such as changing the password. Ekceli shall not be held liable for any fraudulent use of a Buyer's Account. All costs related to access, whether hardware, software or Internet access, shall be borne exclusively by the Buyer, who is solely responsible for the proper functioning of his or her computer equipment and Internet access.
The Site is accessible 24 hours a day, 7 days a week.
However, Ekceli reserves the right, without prior notice or compensation, to temporarily or permanently close the Site, in particular to carry out updates, maintenance operations, modifications or changes to operational methods, servers and accessibility times, without this list being exhaustive.
Consequently, Ekceli shall not be liable for any damages of any kind that may result from such changes and/or temporary unavailability or permanent closure of all or part of the Site or its associated services.
It shall be the responsibility of the Buyer to ensure that the computer and transmission resources at its disposal are able to adapt to changes in the Site.
Ekceli shall endeavour to implement all necessary means to keep the Site accessible to the Purchasers.
ARTICLE 5 - PRICES AND PAYMENT TERMS
5.1 Ekceli reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time the Buyer places the order, subject to the availability of the Product on that date. Prices are indicated in euros and net of VAT. They do not take into account delivery costs, which are invoiced in addition and indicated before the order is validated. The payment of the totality of the price must be made 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 are created or modified, either upwards or downwards, this change may be reflected in the sale price of the Products.
5.2 This is an order with a payment obligation, which means that placing the order implies payment by the Buyer. To pay for the order, the Buyer may choose from among the payment methods made available by Ekceli and listed on the Site. In the event of payment by credit card, the communication of the number shall constitute authorisation to debit the bank account. However, this information is not kept by the Seller. Payment of the price is made in cash at the time of ordering and in euros. Bank charges incurred by the payment shall be borne by the Buyer. Payments made by the Buyer shall not be considered final until the amounts due to Ekceli have been effectively collected. In the event of non-payment of the order by the Buyer within eight (8) working days, the Buyer shall be notified by e-mail of the cancellation of the order.
ARTICLE 6 - DELIVERY OF PRODUCTS
6.1 Concerning the Products
Delivery means the transfer to the Buyer of physical possession or control of the Product by the carrier to whom Ekceli has entrusted the Product for delivery. Delivery shall be made only after confirmation of payment by Ekceli's banking institution. The Products ordered shall be delivered in the following manner :
● For metropolitan France, the maximum delivery time is thirty (30) working days from the date of the order of the Product, unless a specific stipulation is indicated before the order is placed as well as prior to the final validation of the order. In this case, Ekceli shall provide the Buyer with an estimated delivery range, and the Seller shall not be held responsible for any delay in delivery. This period shall be indicated in the order summary and in the delivery tracking section of the Site.
● For delivery outside metropolitan France, the Buyer is invited to contact Ekceli's customer service (mb@ekceli.com +33699002067).
The Products are delivered to the address indicated by the Buyer during the purchase process on the Site, the Buyer shall ensure its accuracy and provide all information necessary for the proper delivery of the Products. Any package returned to Ekceli because of an incorrect or incomplete delivery address shall be reshipped at the Buyer's expense. The Purchaser may, at his/her request, obtain an invoice sent 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 notice of passage in the letterbox, which will allow the Buyer to collect the parcel at the place and during the time indicated. The Buyer must check the delivery and in particular the condition of the Products, which will be considered as having been carried out once the Buyer, or a person authorised by him, has signed the delivery note. If at the time of delivery, the original packaging is damaged, torn or open, the Buyer must check the condition of the Products. If they have been damaged, the Buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged). The Buyer must confirm these reservations to the carrier by registered mail within three (3) days of receiving the item(s) and send a copy of this letter by regular mail or e-mail to Ekceli for the attention of the customer service department at the address indicated above. Subject to the prior agreement of the customer service department requested at the latest five (5) days before and by appointment, the Buyer may also come and pick up the Products purchased directly at Ekceli's premises, located at 15 rue Michelet 93100 Montreuil. In the event of delivery problems, the Buyer may contact the Seller: mb@ekceli.com +33699002067.
ARTICLE 7 - RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code, if the Purchaser is a private individual not acting for professional purposes (i.e., a consumer as defined in the preliminary article of the Consumer Code), the Purchaser has a period of fourteen (14) working days from the date of validation of the order to exercise his/her right of withdrawal. In order to exercise the right of withdrawal, the Buyer must notify Ekceli of his/her decision to withdraw before the expiry of the withdrawal period, by sending the withdrawal form or any other unambiguous statement expressing his/her wish to withdraw :
(i) by post to the following address: 15 rue Michelet 93100 Montreuil; or
(ii) by email to the following address: mb@ekceli.com. To this end, a standard withdrawal form is available to the Buyer in Annex II of these general terms of sale.
The Buyer may also fill in and send the withdrawal form: [downloadable here and/or to be filled in online - insert URL referring to the place where the Buyer can insert the form for sending].
If the right of withdrawal is exercised within the above-mentioned period, the sums paid for the purchase of the Product will be refunded. The refund shall be made within fourteen (14) days from the date on which Ekceli's customer service was informed of the Buyer's decision to withdraw under the above-mentioned conditions. Ekceli shall make this refund using the same means of payment as the one used by the Buyer for the initial transaction, unless the Buyer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the Buyer.
No right of withdrawal shall be granted to professional Buyers.
ARTICLE 8 - REFUND - RESOLUTION
Except in the event of force majeure as defined below or during periods when the online shop is closed, which will be clearly announced on the Site's home page, shipping times will be, within the limits of available stocks, those indicated above. In the event of failure to comply with the agreed delivery date or deadline, the Buyer shall, before terminating the contract, require Ekceli to perform within a reasonable additional period. If the Buyer fails to do so within this additional period, it may freely terminate the contract. The Buyer shall complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium. The contract shall be deemed terminated upon receipt by Ekceli of the letter or writing informing it of such termination, unless Ekceli has performed in the meantime. If the contract is terminated, Ekceli shall reimburse the Buyer for all amounts paid.
ARTICLE 9 - OWNERSHIP AND TRANSFER OF RISK
Ownership of the Product ordered shall pass to the Buyer upon acceptance of the order by Ekceli and receipt of the full price of the Product.
However, the transfer of the risk of loss and deterioration relating thereto shall be effected as soon as the Product is actually delivered to the Buyer.
ARTICLE 10 - LEGAL GUARANTEES
10.1 - Legal guarantee of conformity and legal guarantee against hidden defects
Ekceli guarantees the conformity of the Products with the order, allowing the Purchaser to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code. These articles are reproduced in Appendix I. The warranty granted by Ekceli does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the Products.
10.2 - Reminder of the Buyer's rights
It is hereby recalled that when acting under the legal warranty of conformity, the Buyer :
● has a period of two (2) years from the delivery of the goods to act ;
● may choose between repairing or replacing the good, subject to the cost conditions provided for in the second paragraph of article L. 211-9 of the Consumer Code;
● is exempted from proving the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.
The Buyer may also decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, the Buyer may choose either to terminate the sale or to reduce the sale price in accordance with Article 1644 of the Civil Code.
When the Buyer benefits from the legal guarantee of conformity or the legal guarantee of hidden defects, delivery costs shall be reimbursed on the basis of the rate invoiced by Ekceli and return costs shall be reimbursed upon presentation of supporting documents.
ARTICLE 11 - LIABILITY OF EKCELI
Ekceli shall not be held liable for any inconvenience or damage inherent in the use of the Internet, including but not limited to service interruptions, bugs, external intrusion or the presence of computer viruses.
In case of professional purchases, Ekceli shall not be held liable for any indirect damages resulting from the present, operating loss, loss of profit, loss of opportunity, damages or expenses incurred as a result of the purchase of Products.
ARTICLE 12 - PRE-CONTRACTUAL INFORMATION
The Buyer acknowledges having had access, prior to placing his/her order, in a legible and comprehensible manner, to these GTCs and to all the information listed in article L. 221-5 of the French Consumer Code.
The Buyer confirms that he/she has read the following information:
● the essential characteristics of the Product;
● the price of the Product;
● in the absence of immediate execution of the contract, the date or the deadline by which the Seller undertakes to deliver the Product, regardless of its price;
● its name or corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and its e-mail address;
● the arrangements for payment, delivery and performance of the contract, and the arrangements for dealing with complaints;
● the existence of and the procedures for exercising the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code and the guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code.
ARTICLE 13 - INTELLECTUAL PROPERTY
The content of the Site, as well as the trademarks, drawings, models, images (animated or not), texts, photographs, logos, graphic charts, software and programs, search engines, databases, sounds, videos, domain names, design, the know-how and all other content making up the Site (the "Elements"), without this list being exhaustive, are the exclusive property of Ekceli or of its partners or third parties who have granted it a licence, and are protected by intellectual property rights which are or will be recognised according to the laws in force. Ekceli grants the Buyer a free, personal, non-exclusive and non-transferable right to access and use the Site, subject to its acceptance of and compliance with these Terms and Conditions of Sale. Any other right is expressly excluded without the express consent of Ekceli. In particular, any downloading, reproduction, screen capture, representation, adaptation, decompilation or total or partial deletion of all or part of the Elements, by any process whatsoever, for any reason whatsoever, on any medium whatsoever, in part or in full, without the express authorisation of Ekceli or of the holders of the rights to such content, is prohibited and shall constitute an act of infringement punishable by the provisions of the Intellectual Property Code and the Criminal Code. In addition, all intellectual property rights, whatever their nature, attached to the Products sold through the Site are and remain the exclusive property of Ekceli, and are exclusively reserved to it. Under these conditions, any use, reproduction, representation, exploitation, adaptation, or distribution of the Products, by any process whatsoever, for any reason whatsoever, on any medium whatsoever, in part or in full, without the express authorisation of Ekceli, is prohibited and shall constitute an act of infringement punishable by the provisions of the Intellectual Property Code and the Penal Code. These GTC do not imply any transfer of intellectual property rights of any kind, on the Elements or on the Products, belonging to Ekceli, to the benefit of the Buyer. Consequently, the Buyer shall refrain from any action that may directly or indirectly infringe Ekceli's intellectual property rights.
ARTICLE 14 - PERSONAL DATA
Ekceli, as the data controller, collects, stores, and uses the Buyer's personal data for the purposes of performing the contract.
This data is used by Ekceli and its partners or subcontractors for the purposes of selling and delivering the Products.
Subcontractors acting on Ekceli's instructions are required to implement appropriate measures to protect such personal data.
The Buyer's personal data shall be kept for a period of 10 years after the end of the commercial relationship.
Ekceli undertakes to strictly apply the applicable regulations on the protection of personal data, namely, as a company subject to French law, Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, as amended ("Loi Informatique et Libertés"), as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation ("GDPR").
In accordance with the applicable regulations, the Buyer has:
● a right of access and rectification, deletion and portability of information concerning him/her;
● a right to limit and oppose for legitimate reasons the processing of his/her personal data.
The Buyer may exercise these rights by writing to the following e-mail address: mb@ekceli.com
However, this opposition may, in practice and depending on the case, have an impact or make it impossible to carry out the sale. The Buyer also has the right to appeal to a national supervisory authority such as the Commission Nationale de l'Informatique et des libertés in the event of a breach of the applicable regulations on the protection of personal data and in particular of European Regulation No. 2016-679. The Buyer is invited to read Ekceli's Personal Data Protection Policy, which aims to define the rules applicable to the collection and processing of personal data, accessible here: [link].
ARTICLE 15 - FORCE MAJEURE
Events beyond the control of the Parties, which they could not reasonably be expected to foresee and which they could not reasonably avoid or overcome, shall be considered force majeure or fortuitous events, insofar as their occurrence renders the performance of the obligations totally impossible.
In such circumstances, Ekceli shall notify the Buyer in writing, including by e-mail, and the contract between the Parties shall be suspended by operation of law, without compensation, as of the date of the occurrence of the event. 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 event lasts more than thirty (30) days from the date of occurrence, the order placed by the Buyer and accepted by Ekceli may be terminated by the most diligent party, without either party being entitled to claim damages.
ARTICLE 16 - PARTIAL NON-VALIDATION
If one or more of the provisions of these GTC 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 provisions shall retain all their force and scope.
ARTICLE 17 - NON-RENUNCIATION
The fact that one of the Parties does not take advantage of a breach by the other Party of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question.
ARTICLE 18 - MODIFICATION
The Seller may at any time update these GTC, the version applicable to the Buyer is the one in force on the Site on the date the order is placed. The current GTCs may be consulted at any time under the heading "General Terms and Conditions of Sale", which may be accessed from any page of the Ekceli site. The Buyer may save and/or print the GTC.
Article 19 - MEDIATION
The Buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
ARTICLE 20 - APPLICABLE LAW AND COMPETENT JURISDICTIONS
These GTC and the contractual relationship between Ekceli and the Buyer shall be governed by French law. In the event of a dispute, and failing resolution through the mediation provided for in the above article if the Buyer is a consumer within the meaning of the Consumer Code, the dispute shall be brought before the competent French courts.
ARTICLE 21 - CONTACTS
For any question, information or claim, the Buyer may contact Ekceli:
● By e-mail: mb@ekceli.com
● By post : studio address: 15 rue Michelet 93100 Montreuil or head office address : 47 bis rue Benard 75014 Paris
APPENDIX I: PROVISIONS RELATING TO GUARANTEES Article L. 217-4 of the Consumer Code “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article L. 217-5 of the Consumer Code “The property is in accordance with the contract: 1° If it is specific to the use usually expected of a similar item and, where applicable: if it corresponds to the description given by the seller and has the qualities that the latter presented to the Buyer in the form of a sample or model; if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
APPENDIX II: Withdrawal form (article R. 221-1 of the consumer code) Please complete and return this form only if you wish to withdraw from the order placed on the Site https://ekceli.com/ except exclusions or limits to the exercise of the right of withdrawal according to the GCS. For the attention of the Seller: Marie Berthouloux Ekceli 47 bis rue Benard 75014 Paris I hereby notify you of my withdrawal from the contract relating to the sale of the following services: Ordered on: Consumer name: Consumer's address: Date and signature of the consumer (only in case of notification of this form on paper):