General Terms and Conditions of Sale
PREAMBLE
This website is operated by Quinta Essentia Holding Limited, whose registered office is at 27 Dover Street, W1S 4LZ London, UK, and which is registered in England and Wales under number 9600215.
The present general terms and conditions of sale apply to all Orders placed with Quinta Essentia Holding Limited for all items and services offered on the shop.domainedesetangs.com website by non-trading individuals. Consequently, the fact that any person orders a product offered for sale on the Domaine des Etangs online shop implies full acceptance of the present general conditions of sale, which the Customer acknowledges having read prior to ordering.
Quinta Essentia Holding Limited reserves the right to modify the present general conditions of sale at any time. Nevertheless, the General Terms and Conditions of Sale applicable to the order placed by a Client on the Quinta Essentia Holding Limited website are those accepted by the Client at the time of placing the order.
DEFINITIONS
Customer Refers to any natural or legal person who places an Order on the Site.
Order Refers to the ordering of Products on the Site by Customers.
General Terms and Conditions of Sale Refers to the present general terms and conditions of sale.
Delivery Delivery: Refers to the delivery by Quinta Essentia Holding Limited of the Products ordered on the Site to the postal address given by the Client at the time of the Order.
Product(s) Means the good(s) sold by Quinta Essentia Holding Limited on the Site.
Website Refers to the website operated by Quinta Essentia Holding Limited, accessible mainly from the url [ ] and allowing the Client to access the services described in the General Terms and Conditions of Sale via the Internet
ARTICLE 1: COMPLETENESS
The General Terms and Conditions of Sale express the entirety of the obligations of the parties. In this sense, the customer is deemed to accept without reservation all the provisions of these General Terms and Conditions of Sale. Quinta Essentia Holding Limited undertakes to respect its role as a reseller within the framework of the General Sales Conditions.
ARTICLE 2: PURPOSE
The purpose of the General Conditions of Sale is to define the rights and obligations of the parties within the framework of the online sale of goods and services offered by the company Quinta Essentia Holding Limited to the Client, from the order to the Delivery, passing by the payment and the use of services made available by Quinta Essentia Holding Limited.
ARTICLE 3: SCOPE OF APPLICATION
The General Terms and Conditions of Sale govern the sale of the Products on the day the order is placed by the Customer. They apply to all methods of ordering offered by Quinta Essentia Holding Limited whether the order is placed by internet or telephone.
ARTICLE 4: ORDERING
CAPACITY TO CONTRACT
All Clients declare that they have the capacity to contract under the conditions described below, i.e. that they are emancipated minors or have reached the age of legal majority and are not protected within the meaning of Article 488 of the Civil Code.
Quinta Essentia Holding Limited reserves the right to refuse any Order from a Client with whom a dispute exists or appears during the processing of an Order, in particular a payment dispute.
ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER
The General Terms and Conditions of Sale can be read directly on the shop.domainedesetangs.com website. They can also be sent by e-mail at the request of the Customer.
The fact that the Customer ticks the box "I accept the General Terms and Conditions of Sale", before proceeding with the secure payment, constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in the General Terms and Conditions of Sale under the paragraph "right of withdrawal". The Customer acknowledges by this act that he/she has read and understood the General Conditions of Sale and accepts them.
Purchasing by email or by telephone also implies acceptance of the General Terms and Conditions of Sale, which the Customer acknowledges having previously read, understood and accepted under the conditions mentioned above.
PLACING AN ORDER
The individual customer can place an order with Quinta Essentia Holding Limited via the internet 24 hours a day, 7 days a week, or by email from Monday to Friday from 9am to 6pm.
The ordering process consists of 6 successive steps. Once the selection of Products is made, and the basket validated, the Client must :
- clearly identify the Products selected with the colour and size options indicated on the shop.domainedesetangs.com site
- indicate the quantities requested;
- identify themselves either by entering their email address and password, which are strictly personal, or by providing all the information usually required for online registration;
- clearly indicate the information necessary for the Delivery. This concerns in particular the precise address of the Delivery as well as the possible restrictions of accessibility of the place of Delivery (building, floor, digicode, etc.);
- the chosen method of delivery;
- finally, indicate the chosen method of payment.
Once the payment method has been selected, the Client must proceed to the payment of his order on the secure interface, which will formalise in a firm and definitive manner the sales contract between him and Quinta Essentia Holding Limited.
Any order implies acceptance of the prices and description 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 all cases, the provision of the credit card number online and the final validation of the order by the Client will be considered as proof of the order and the payment of the amounts for the Products selected in the order. This validation is worth signing and accepting all operations carried out on the Smallable.com website.
ORDER CONFIRMATION
An email is automatically sent to the Customer to confirm the order, provided that the email address given in the registration form is correct.
The Client must check the completeness and the conformity of the information he provides to Quinta Essentia Holding Limited. Quinta Essentia Holding Limited cannot be held responsible for any input errors and the consequences in terms of delay or error in delivery. In this context, all costs incurred for the reshipment will be charged to the Client.
ORDER TRACKING
The Customer may at any time consult the status of his order by consulting the "My account" section on the shop.domainedesetangs.com site. This tracking allows the Customer to know the status of the processing of his order, but also the status of the shipment or delivery of his parcels. The latter tracking is carried out in interface with the carriers' Internet tracking systems. Quinta Essentia Holding Limited cannot be held responsible for the unavailability or errors that may affect the information provided by its carriers. Quinta Essentia Holding Limited nevertheless endeavours to make this information as clear as possible and to make the transport with its carriers as reliable as possible. The client can contact the Quinta Essentia Holding Limited customer service at any time to be informed of the progress of his order.
The Customer acknowledges and accepts that, when the Delivery is made in a country outside France and the European Union, he/she is considered to be the importer of the Product abroad and therefore undertakes to inform himself/herself about and comply with the applicable regulations of the countries concerned by the Delivery, in particular relating to any restrictions. In this respect, cross-border Deliveries are likely to be opened and inspected by the customs authorities.
PROOF OF ORDER
The computerized registers, kept in the computer systems of the company Quinta Essentia Holding Limited in reasonable conditions of safety, will be considered as the proofs of the communications, the orders and the payments occurred between the parts.
The archiving of order forms and invoices is made on a reliable and durable support that can be produced as proof.
ARTICLE 5: PRODUCT INFORMATION
PRODUCT CHARACTERISTICS
The information, characteristics, photographs and graphics presented on the sites or in the e-mails sent by Quinta Essentia Holding Limited are presented with the greatest possible accuracy. Each Product sheet is written from the information provided by the manufacturer or supplier of the Product, and presents the essential characteristics of the selected Product in accordance with article L.111-1 of the French Consumer Code. This information is intended, without being exhaustive, to inform the Customer as fully as possible about the essential characteristics of the Products. The Customer is informed, subject to his rights, of the possibility of a difference in presentation at the time of delivery resulting from a change in packaging (photography and illustrations) by the manufacturer or supplier, this difference not affecting in any way the content and characteristics of the Product.
PRODUCT AVAILABILITY
Quinta Essentia Holding Limited only undertakes to fulfil orders received within the limits of available stocks of Products or within the limits of available stocks from its suppliers. In the event that the Product(s) is (are) not available, Quinta Essentia Holding Limited undertakes to inform the Client as soon as possible. Quinta Essentia Holding Limited reserves the right to modify the assortment of Products according to the constraints imposed by its suppliers.
Availability may vary on the same day depending on the level of sales.
Quinta Essentia Holding Limited updates availability very frequently. In the event of unavailability of Products, Quinta Essentia Holding Limited will notify the Customer by telephone or e-mail.
The unavailability of a product is mentioned on the page of the product concerned and in the summary of the basket. Thus, the Products may appear with the mention of the delivery time of the type "in stock" or "Product not available".
If Quinta Essentia Holding Limited cannot obtain a product ordered from its suppliers, the company will notify the customer of the expected delay by e-mail. The Customer will then be able to request a refund of the sums paid within 14 days of their payment, or the exchange of the unavailable product for another product, or the cancellation of the order. No cancellation penalty will be applied for such an order cancellation. No cancellation fee (other than a full refund of the Order) will be charged for such unavailability due to the delay in updating such unavailability.
Quinta Essentia Holding Limited cannot be held responsible for the non-execution of the contract concluded in case of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, notably of the postal services and means of transport and/or communications, flooding, fire.
ARTICLE 6: PRICES
The prices are indicated in Euros, inclusive of tax, and are only applicable on the date the Customer sends the order.
As the prices of Quinta Essentia Holding Limited's suppliers are constantly changing, the prices displayed on the Site are subject to change at any time.
Prices do not include delivery charges, gift-wrapping charges, promotional offers and personal discounts, which are indicated before the final validation of the order.
The prices take into account the French VAT applicable on the day of the order and any change in the legal rate of VAT will automatically be reflected in the price of the Products presented on the Site, on the date stipulated by the implementing decree. However, the prices cannot be modified once the Customer's order has been placed. Similarly, if one or more taxes or contributions, particularly environmental taxes, are created or modified, either upwards or downwards, this change may be passed on to the selling price of the items on the shop.domainedesetangs.com site.
Orders to countries outside the European Union are not subject to French VAT. The prices indicated on the Site for these orders are exclusive of VAT and therefore do not take into account VAT. However, these orders are subject to any taxes and customs duties of the destination country.
The Customer is also responsible for verifying the possibility of importing the Products ordered with regard to the law of the country of delivery. We recommend to contact the Customs Service for more information.
ARTICLE 7: PAYMENT
MEANS OF PAYMENT
The Client may pay for his/her Order online by credit card (Carte Bleue, Visa, Eurocard-Mastercard, American Express and E-carte bleue, Apple Pay, Google Pay or by Paypal. The Client guarantees Quinta Essentia Holding Limited that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the Order form. Purchases are debited from the Client's account when the Order is processed.
Quinta Essentia Holding Limited uses all necessary means to ensure the security and confidentiality of data transmitted online. To this end, the Site uses a secure SSL (Secure Socket Layer) payment method which allows the encryption of the Client's bank details during their transmission over the network. The Customer can see that the transmission is encrypted by software when the padlock symbol appears in his browser. The transaction is carried out via Stripe, which alone has the banking information provided on the site at the time of payment.
Quinta Essentia Holding Limited reserves the right to suspend any Order and any Delivery in the event of refusal of authorisation of payment by bank card by the officially accredited organisations or in the event of non-payment. Quinta Essentia Holding Limited reserves the right to refuse to make a Delivery or to honour an Order from a Client who has not paid in full or in part for a previous Order, or with whom a payment dispute is being administered.
As part of an Order verification procedure designed to ensure that no-one is using another person's bank details without their knowledge, the Client may be asked to send a copy of their identity card and proof of address by e-mail to Quinta Essentia Holding Limited. The Order will only be validated after receipt and verification by our services of the documents sent. If these documents are not received within 15 days of the Order being placed, the latter shall be deemed to be cancelled as of right.
INVOICE
The Order form that the Client completes online or the Order confirmation that Quinta Essentia Holding Limited sends to the Client by email does not constitute an invoice. The Client has the original invoice in his/her online account. The invoice is not enclosed in the package.
Quinta Essentia Holding Limited keeps an electronic copy of each invoice.
In the case of a Delivery to an address other than the billing address, the invoice is in any case only available in the online Order Tracking of the Customer's account.
TRANSFER OF OWNERSHIP
Quinta Essentia Holding Limited shall remain the owner of the Products delivered until full payment has been made by the Client. The above provisions do not prevent the transfer to the Client of the risks of loss or deterioration of the Products subject to retention of title, as well as any damage they may cause, upon delivery of the Products.
ARTICLE 8: DELIVERY
The Customer may contact Quinta Essentia Holding Limited's Customer Service Department for further information on the conditions of delivery to a specific country in the world.
Orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs duties of the destination country. These costs and related formalities are the responsibility of the Client/Consignee. They are to be paid directly to the carrier at the time of delivery.
The Customer is also responsible for verifying the possibility of importing the ordered Products according to the law of the country of delivery. We recommend to contact the Customs Service for more information.
DELIVERY SERVICES
The Products are delivered to the address indicated by the Customer on the Order form. The Client is responsible for checking the completeness and accuracy of the information provided to Quinta Essentia Holding Limited. Quinta Essentia Holding Limited shall not be held responsible for any input errors and the consequences in terms of delay or error in delivery. In this context, all costs incurred for the reshipment of the Order will be entirely at the Client's expense.
Quinta Essentia Holding Limited shall not be held responsible for any delays in delivery due to errors or disruptions attributable to the carriers (including in particular in the event of a total or partial strike of the postal services and means of transport and/or communication).
SHIPPING TIMES
Orders placed online via the shop.domainedesetangs.com website are collected daily from Monday to Friday, except for public holidays. Quinta Essentia Holding Limited will do its utmost to process and dispatch all Orders placed before 11am on the same day, however, the time taken to process and prepare an Order may be longer depending on the items and may take between 1 and 2 working days. Upon receipt of the shipment confirmation email, the Customer may take into account the carrier's delivery times as stated below.
Quinta Essentia Holding Limited informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
In the case of an Order that includes one or more unavailable Products as well as one or more available Products, Quinta Essentia Holding Limited will dispatch the Order as soon as all the Products that make up the Order are received. If the Client wishes to receive the immediately available Products as soon as possible, he/she is advised to isolate these items in a specific separate Order.
An email is automatically sent to the Client when the Products are dispatched, provided that the email address given in the registration form is correct.
TRANSPORT DEADLINES
Transport times depend on the carrier chosen by the Customer and the place of delivery.
Quinta Essentia Holding Limited informs the Client of the delivery times announced by the chosen carrier. Shipping costs are calculated according to the country of delivery at the time of the shopping cart and are definitively confirmed according to the mode of transport and the delivery destination chosen, before the final validation of the Order.
However, Quinta Essentia Holding Limited informs its Clients that the delivery times announced do not include Saturdays, Sundays and public holidays.
DELIVERY TIME
Delivery times may be as follows:
- If the Products are available, the delivery time is equal to the time indicated when the order was placed in the delivery method section
- If the Products are not available and therefore on order, the delivery time is equal to the time indicated in the product availability section
If the delivery time cannot be met, a new delivery time will be communicated to the Client, according to the data known by Quinta Essentia Holding Limited. In this case, a proposal for cancellation of the Order, a credit note or a refund will also be made to the Client.
MEANS OF DELIVERY IN METROPOLITAN FRANCE
Standard Delivery by Colissimo (usually 48 hours)
This method of delivery allows the Customer to receive his or her parcel within 48 hours from the date of dispatch thanks to the Colissimo Expert or Profil service (excluding the time required to process and prepare the Order, which may take from 1 to 2 days). Deliveries are made from Monday to Saturday morning, except on public holidays. The costs incurred for this option depend on the weight and total volume of the items ordered.
The parcel is picked up by the Post Office and delivered against signature to the delivery address indicated by the Customer. If the Customer is absent at the time of delivery, a delivery notice is left at the delivery address indicated by the Customer, which allows the Customer to collect the package from the nearest post office. The packages are kept pending at the Post Office for 15 calendar days. In case of non withdrawal within the time limit given by the carrier, the Products will be returned to Quinta Essentia Holding Limited which reserves the right to refund the price of the Products, the shipping costs remaining at the charge of the Customer.
Express delivery by Chronopost (usually 24 hours)
This method of delivery allows the Customer to receive his/her package within 24 hours from the date of dispatch thanks to Chronopost (excluding the time required to process and prepare the Order, which may take from 1 to 2 days). Deliveries are made from Monday to Friday, except on public holidays. The costs incurred for this option depend on the weight and total volume of the items ordered.
The parcel is picked up by Chronopost and delivered against signature to the delivery address indicated by the Customer. The Customer must ensure that he/she provides information on the access conditions to the delivery address (code, building, floor, door, etc.) when placing the Order, as well as a telephone number where the Customer can be easily reached. If the Customer is absent, a delivery notice will be left at the delivery address indicated by the Customer, allowing the Customer to collect the parcel at the address and in the manner indicated by the carrier. The packages are kept pending at the Post Office for 15 calendar days. In case of non withdrawal within the time limit given by the carrier, the Products will be returned to Quinta Essentia Holding Limited which reserves the right to reimburse the price of the Products, the shipping costs remaining at the charge of the Customer.
Delivery by UPS (usually 24-48 hours)
This method of delivery allows the Customer to receive the parcel within 24-48 hours from the date of dispatch thanks to UPS (excluding the time required to process and prepare the Order, which may take 1 to 2 days). Deliveries are made from Monday to Friday, except on public holidays. This method of delivery is mainly used to ship fragile, bulky or heavy Products. The cost of this option depends on the total weight and volume of the items ordered.
The package is picked up by UPS and delivered against signature to the delivery address indicated by the Customer. The Customer must ensure that he/she provides information on the access conditions to the delivery address (code, building, floor, door, etc.), as well as a telephone number where the Customer can be easily reached. If the Customer is absent, the delivery person shall leave a notice of passage with an indication of his next visit. The Customer may call UPS customer service to arrange a new delivery date that is more convenient for him. After 3 unsuccessful deliveries to the delivery address, the parcel is automatically returned to Quinta Essentia Holding Limited, which reserves the right to refund the price of the Products, the shipping costs remaining at the charge of the Customer.
The delivery times that we indicate are indicative and those generally observed. No refund of postage costs will be made in the event of Delivery taking longer than those indicated.
MEANS OF DELIVERY OUTSIDE METROPOLITAN FRANCE
In Europe and abroad, delivery is made via various carriers: Colissimo, Chronopost, DPD, UPS, etc. The costs incurred depend on the country of destination, the weight and the total volume of the items selected. The costs and delivery times are indicated to the Customer before the final validation of the Order.
Orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs duties in the country of destination. These costs and related formalities are the responsibility of the Client/Consignee. They are to be paid directly to the carrier at the time of delivery.
The Customer is also responsible for verifying the possibility of importing the ordered Products according to the law of the country of delivery. We recommend to contact the Customs Service for more information.
PACKAGING
The Products are packaged in such a way as to comply with current transport standards and to ensure optimum protection of the Products during delivery. The Customer is asked to respect these same standards when returning a product, whether it is for after-sales service or for a return for convenience. In the event of a return of a product, if we find that the product is returned to us damaged due to poor packaging, Quinta Essentia Holding Limited may decide to refund only part of the product or refuse to refund it if it cannot be resold in its original condition.
RESPONSIBILITY OF THE CUSTOMER TO CHECK THE PACKAGES UPON RECEIPT
Quinta Essentia Holding Limited reminds that it is the Client's responsibility to inspect his parcels upon receipt in the presence of the delivery person and to immediately notify the carrier and the Quinta Essentia Holding Limited customer service of any anomaly noted (shock, damaged parcel, delivery date not in accordance with the normal delivery service deadlines). In the event that such information is not included on the delivery note presented to the Client by the carrier, no claim relating to the condition of the package(s) can be accepted a posteriori by Quinta Essentia Holding Limited.
CARRIER-RELATED DELIVERY DELAYS
In the event of a delay in delivery in relation to the times announced by the carriers, the Customer must contact the carrier or its distribution office in the case of the Post Office, as a matter of priority, to see if the parcel is not pending. If necessary, the Customer can contact by e-mail the Customer Service Quinta Essentia Holding Limited in order to open a file of litigation or investigation to carry out a research of the parcel.
Sometimes parcels are lost by the carriers. The delays imposed by the carriers imply that the Customer declares the loss within 10 days following the reception of the dispatch notice from Quinta Essentia Holding Limited. Under these conditions, Quinta Essentia Holding Limited will make the necessary claims to the carrier concerned. Once the complaint and the opening of investigation carried out, it can run a time of 3 to 4 weeks to have a return of the conveyor.
If the parcel is found, it will be sent back to the Customer's home immediately. If the parcel is not found, the Customer can then ask for the return of the same product (within the time of availability), at the expense of Quinta Essentia Holding Limited, or the refund of the amount paid. If the Product(s) ordered were no longer available at that time, Quinta Essentia Holding Limited will refund the amount of the Products concerned by the loss of the carrier.
DAMAGED PACKAGES
The Customer must check the condition of the package in front of the carrier and make the necessary reservations on the delivery slip in the event of partial or total deterioration. In the absence of any reservations, the product is deemed to have been accepted by the Client and may not be contested in any way concerning its delivery. The Client must inform Quinta Essentia Holding Limited by e-mail as soon as possible, so that Quinta Essentia Holding Limited can take the necessary measures as soon as possible.
ARTICLE 10: RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE
10.1 Délai légal de rétractation
Conformément aux dispositions des articles L.221-16 et suivants du Code de la consommation, le Client dispose d'un délai de rétractation de quatorze (14) jours calendaires à compter de la date de réception ou de retrait des Produits pour exercer son droit légal de rétractation et signaler ainsi à Quinta Essentia Holding Limited son intention de lui retourner ledit Article. Si les Produits peuvent faire l’objet du droit de rétractation légal, le Client exerçant son droit de rétractation dans les conditions prévues au présent article en termes de délai et de modalités de retour des Produits, pourra obtenir un remboursement des Produits retournés. Formulaire disponible dans CGV Article 10.4.
Le remboursement sera effectué par le même moyen de paiement que celui utilisé par le Client pour la transaction initiale, sauf indication spécifique du Client qui demanderait à bénéficier d’un avoir, valable six (6) mois à compter de son émission. Le remboursement sera effectué, dans les meilleurs délais et au plus tard dans les 14 jours suivant l’exercice effectif du droit de rétractation par le Client. Ce délai pourra toutefois être prolongé par Quinta Essentia Holding Limited jusqu’à la réception par Quinta Essentia Holding Limited de la marchandise renvoyée par le Client à l'adresse indiquée sur le bon de retour, ou jusqu’à réception par Quinta Essentia Holding Limited d’une preuve d’expédition des Produits par le Client. Lorsque le délai de quatorze (14) jours expire un samedi, un dimanche ou un jour férié ou chômé, il est prorogé jusqu'au premier jour ouvrable suivant.
Le remboursement des Produits achetés dans le cadre des Listes de Cadeaux (liste de naissance, anniversaire ou Noël...) ne pourront être remboursés que par avoir valable pendant un an sur notre Site à compter de sa date d'émission. Nous ne procédons à aucun remboursement des cagnottes disponibles sur le Compte Client.
Conformément à l’article L.221-23 du Code de la consommation, le droit s'exerce par le renvoi de l’Article, seuls les frais de port restent à la charge du Client.
Les Clients peuvent bénéficier d'un bon de retour prépayé conformément à l'article 15 des présentes, et (2) en cas de défaut de conformité des Produits livrés par rapport à la Commande (dans ce cas, les frais de retour seront à la charge de Quinta Essentia Holding Limited).
Le droit de rétractation s'exerce dans les mêmes conditions dès la Commande et avant la Livraison.
10.2 Produits exclus du délai légal de rétractation
Conformément à l'article L.221-28 du Code de la consommation, le Client ne bénéficie pas, pour la Commande de Produits qui, du fait de leur nature, ne peuvent être réexpédiés ou sont susceptibles de se détériorer ou de se périmer rapidement, d'un droit de rétraction pour faire retour de sa Commande. Sont ainsi notamment visés les biens dont l’emballage d’origine aura été descellé, y compris tout Article cosmétique qui aura été ouvert ou abimé, par le Client après la Livraison, car ils ne peuvent être renvoyés pour des raisons d’hygiène et de santé.
10.3 Délai conventionnel de rétractation
Soucieuse d’assurer la satisfaction de ses Clients, Quinta Essentia Holding Limited accepte le retour par voie postale à l’adresse indiquée par le Service Client ou sur le bordereau de Livraison de l’Article concerné, dans un délai supérieur au délai légal de rétractation susvisé. A ce titre, le Client dispose de quatorze (14) jours à compter de la date de réception de sa Commande pour se rétracter et renvoyer ses Produits. Les retours de Produits au-delà de ce délai ne seront pas acceptés.
10.4 Modalités d’exercice du droit de rétractation
Pour cela, il suffit au Client de choisir l’une des modalités suivantes :
La demande de retour peut s'effectuer :
- En contactant le service Client par courrier électronique qui indiquera au Client les modalités à suivre, il pourra notamment utiliser le formulaire de rétractation figurant ci-dessous
Modèle de formulaire de rétractation (Veuillez compléter et renvoyer le formulaire ainsi que votre numéro de Commande uniquement si vous souhaitez vous rétracter du contrat.
Nous vous conseillons de préciser également votre numéro de Commande) A l’attention de Quinta Essentia Holding Limited E-mail : shop@domainedesetangs.com
Je vous notifie par la présente ma rétractation du contrat portant sur la vente du bien ci-dessous :
Commandé le [……………………………….] (*) reçu le [………………………….……….] (*)
Numéro de la Commande : […………………………………..……………………]
Nom du (des) consommateur(s) : [………………………………………………………………]
Adresse du (des) consommateur(s) : […………………………………………………………………… ……………………………………………………………………………………………………………………………]
Signature du (des) consommateur(s) (uniquement en cas de notification du présent formulaire sur papier) Date : [……………………………………]
Quinta Essentia Holding Limited suggère au Client d'effectuer le retour de ses Produits par envoi recommandé ou muni d'une assurance complémentaire, lui garantissant, le cas échéant, l'indemnisation des Produits à hauteur de leur valeur marchande réelle en cas de spoliation ou de perte de cette marchandise. Dans tous les cas, le retour s'effectue aux risques du Client. Il appartiendra au Client de conserver toute preuve de retour. Les frais de retour sont à la charge du Client, qui est libre de choisir le mode d'expédition.
Return address :
Futurlog
XXXXX
XXXXXX
XXXXX
In the event of failure to respect the time limits mentioned, Quinta Essentia Holding Limited will not be able to reimburse the Customer.
Only Products returned in their original packaging in perfect condition for resale (shoebox, plastic bags, etc.) will be accepted. Consequently, returns of washed and/or worn clothing, as well as damaged boxes will be refused.
The retraction can never be exercised if the delivered Products are Products that have been, even partially, washed, soiled, damaged or used. Similarly, Products returned incomplete, damaged or soiled by the Customer will not be returned or exchanged.
The Products must also be accompanied by the Order number, either on the return form, sent with the delivered Products and signed by the Customer, or on any other document. The Customer is informed that the use of the return form facilitates the processing of the return by Quinta Essentia Holding Limited. The Client is therefore invited to use this return form.
The Client can only be held responsible for the depreciation of the Article resulting from handling other than that necessary to establish the nature, characteristics and, where applicable, the proper functioning of the Products.
Refunds in the event of use of the right of withdrawal shall be made by the same means of payment as that used by the Customer for the initial transaction, unless the Customer specifically indicates otherwise.
ARTICLE 11: GUARANTEES, CLAIMS AND MEDIATION
Guarantees
In accordance with the article L 211-2 of the Code of consumption, the provisions of the present cannot deprive the Customer of the legal guarantee which obliges the professional salesman to guarantee him against all the consequences of the hidden defects of the sold thing.
The Client is expressly informed that Quinta Essentia Holding Limited is not the manufacturer of the Products presented on the Website shop@domainedesetangs.comThe Client is expressly informed that Quinta Essentia Holding Limited is not the manufacturer of the Products presented on the Website, in the sense of the French law n°98-389 of 19 May 1998, concerning liability for defective products.
Consequently, in the event of damage caused to a person or property by a defective product, only the manufacturer's liability may be sought by the Client, on the basis of the information appearing on the packaging of the said product. Moreover, the company reminds that the Products, services and information proposed by Quinta Essentia Holding Limited do not replace in any way the vigilance of adults at all times.
Quinta Essentia Holding Limited cannot be held responsible for any failure to respect the legislation of the country where the Products are delivered. It is up to the Client to check with the local authorities the possibilities of importing or using the Products or services you are considering ordering.
Complaints / Mediation
Any complaint must be made in advance by e-mail to the Customer Service.
Contact address: shop@domainedesetangs.com
If necessary, the refund will be made within 14 days of receipt of the Article by Quinta Essentia Holding Limited, depending on the method of payment chosen at the time of the Order, either on the bank card used for the payment, or on the Customer's PayPal account, or by bank transfer. These provisions are not exclusive of the above-mentioned right of withdrawal.
ARTICLE 12: LIABILITY
The Products offered are in conformity with the French legislation in force and the standards applicable in France. Quinta Essentia Holding Limited cannot be held responsible in case of non-respect of the legislation of the country where the product is delivered. It is up to the Client to check with the local authorities the possibilities of importing or using the Products you are considering ordering.
Quinta Essentia Holding Limited cannot be held responsible for inconveniences and damages related to the use of the Internet network such as a break in service, the presence of computer viruses or external intrusions and more generally all cases qualified as force majeure or third party acts by the courts.
Hypertext links may lead to sites other than the shop.domainedesetangs.com site. Quinta Essentia Holding Limited declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.
Quinta Essentia Holding Limited shall not be liable for the consequences of any misuse of the Site by the Customer or any breach of the Terms and Conditions of Sale. In such a case, Quinta Essentia Holding Limited reserves the right to take any action to preserve its rights or to obtain compensation.
Quinta Essentia Holding Limited reserves the right to interrupt access to all or part of the Site, to all or part of the Clients, on a temporary basis for maintenance reasons aimed at ensuring the proper functioning of the Site, without prior notice and without this interruption giving rise to any right to compensation for the Clients.
ARTICLE 13: FORCE MAJEURE
Neither party shall have failed to fulfil its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure.
An act of God or force majeure shall be deemed to be any irresistible fact or circumstance, 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.
The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of them.
The two parties will then, within a period of one month, unless this is impossible due to force majeure, meet to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
In addition to those usually accepted by the jurisprudence of the French courts and tribunals, the following are expressly considered as cases of force majeure or fortuitous events
- Total or partial strikes, internal or external to the company, blockage of means of transport or supplies for any reason whatsoever, governmental or legal restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning;
- Telecommunication network outages or difficulties with telecommunication networks external to the Clients.
ARTICLE 14: PERSONAL DATA
Visitors or Clients of the shop.domainedesetangs.com site have the right to access, modify, rectify and delete data concerning them at any time, in application of Article 34 of the French law on information technology and civil liberties of 6 January 1978.
When a Client registers or places an Order, or in the context of other specific operations, Quinta Essentia Limited offers Visitors or Clients the opportunity to receive its newsletters, promotional offers, and/or to register to be informed of its exclusive sales. The Visitor or Client can modify his subscription at any time through his personal account, or through the hyperlink at the bottom of the newsletters received by e-mail.
Quinta Essentia Holding Limited undertakes to effectively take into account the modifications of subscription and unsubscription to the commercial e-mails sent by it as soon as possible, depending on the necessary processing.
Quinta Essentia Holding Limited may also propose to its Visitors or Clients to receive promotional offers from its partners. Quinta Essentia Holding Limited may, for commercial purposes, transmit to commercial partners the identity and contact details of its Users or Clients, only insofar as they have accepted the disclosure of their personal data. Users and Clients can change their choices at any time on the Quinta Essentia Holding Limited website.
Quinta Essentia Holding Limited uses data collection systems such as cookies in accordance with the terms detailed in the Privacy Policy available at [ADDRESS]. A cookie is a computer file stored on the hard drive of the user's computer. Cookies make it possible to indicate a previous visit by the user to the Site and to link the user to his personal data left on the Site, in particular in the context of identifying the Order basket. Cookies are considered personal data.
Quinta Essentia Holding Limited informs its Clients that the processing of this nominative and/or personal information has been declared to the CNIL under the number 1309937 of 31 July 2008.
The creation of a gift list means that the name, first name and postcode of the Customer are visible on Smallable.com via the gift list search. This section allows relatives to find the list and access it. Under no circumstances will they have access to any other personal data about the list creator.
ARTICLE 15: INTELLECTUAL PROPERTY
All content (texts, comments, works, illustrations, images, videos, graphics, sounds, etc. including the underlying technologies used) displayed on the Site is reserved under copyright law and intellectual property law for the entire world. In this respect and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes an infringement and is punishable under the Intellectual Property Code unless prior authorisation is granted by Quinta Essentia Holding Limited. Any total or partial reproduction of the catalogue of the company Quinta Essentia Holding Limited is strictly forbidden.
Any person having a website wishing to place on its site a simple link referring directly to the site en.smallable.com must ask for the authorization to Quinta Essentia Holding Limited. A permission given by Quinta Essentia Holding Limited will not constitute an implicit agreement of affiliation and will not be given on a final basis. Upon request from Quinta Essentia Holding Limited, this link must be removed.
ARTICLE 16: COMPLETENESS OF CONDITIONS
A change in legislation, regulations or a court decision rendering one or more clauses of these General Terms and Conditions of Sale null and void shall not affect the validity of the General Terms and Conditions of Sale. Such a change or finding shall not in any way allow the Customer not to comply with these General Terms of Sale.
If a condition is not explicitly mentioned, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in Great Britain.
The relationship between Quinta Essentia Holding Limited and the Customer is governed exclusively by these terms and conditions to the exclusion of any other terms and conditions on the shop.domainedesetangs.com website.
ARTICLE 17: DURATION AND APPLICATION
The General Terms and Conditions of Sale apply throughout the duration of the online services offered by Quinta Essentia Holding Limited. They can be modified at any time by Quinta Essentia Holding Limited. The applicable Conditions are those in force at the date of the registration of the Order.
ARTICLE 18: TERRITORIALITY AND APPLICABLE LAW
The sale of products by Quinta Essentia Holding Limited is subject to French law. In the case of an individual Client, any dispute relating to the existence, interpretation, execution or breach of contract between Quinta Essentia Holding Limited and the Client, even in the case of multiple defendants, will, in the absence of amicable agreement, be under the exclusive jurisdiction of the Court of the Client's domicile. In the case of a professional Client, any dispute relating to the existence, interpretation, performance or breach of contract between Quinta Essentia Holding Limited and the Client, even in the case of multiple defendants, will, in the absence of amicable agreement, be subject to the exclusive jurisdiction of the Paris courts.
In the event that one of the terms of the General Terms and Conditions of Sale is considered illegal or unenforceable by a court decision, the other provisions shall remain valid.
The computerized registers of the company Quinta Essentia Holding Limited will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.
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