TERMS OF SALES

Effective as of 12/16/2023

 

SCOPE

These conditions govern all commercial transactions concluded between the Ellbastyle.com site and its non-professional customers, acting as consumers, when purchasing ELLBA STYLE products on the platform.

The General Conditions of Sale (CGV) are constantly available on Ellbastyle.com and are reminded before you finalize your order. You can download them to keep them.

By selecting the dedicated box and confirming it with a click, you express your complete adherence and acceptance of the General Conditions of Sale.

By placing an order online, you are establishing a contract with the seller. You thus recognize your adult status and your legal capacity.

The nullity of a contractual clause does not render the General Conditions of Sale (CGV) null, and the titles have no legal value.

 

PRODUCT DESCRIPTION

Our online store, Ellbastyle.com , presents the items for sale with their main characteristics, specifications, illustrations, dimensions and capacities.

If you have any questions, contact us (see “Contact” section). We are committed to responding attentively to all your requests.

Pre-contractual information is made available to you before the conclusion of the sales contract. It is important that you consult them before finalizing your order.

 

HOW TO ORDER ?

The procedure includes several stages: consultation of products, selection, verification of order details and prices, correction of possible errors, confirmation and payment.

Once confirmed, an order is generally non-modifiable, unless explicitly agreed upon by us.

Computer records are proof of transactions.

 

PRICES AND PAYMENT TERMS

The products are available at the current prices displayed on the Ellbastyle.com website at the time of the order recorded by the seller.

Prices are mentioned in Euros (€) and include all taxes (TTC), in accordance with the VAT rate in force in France on the date the order is placed.

Prices may be adjusted at any time by ELLBA STYLE. However, the price applicable to you is that displayed on the Ellbastyle.com website when placing your order.

Delivery and transport costs are not included in the price. They will be added and displayed distinctly before the order is finalized.

ELLBA STYLE reserves the right to suspend or cancel the order in the event of non-compliance with the payment conditions mentioned above.

The invoice will be sent to the email address you provided.

Please be informed that orders shipped outside the European Union and/or the French Overseas Territories may be subject to customs formalities.

Customs duties as well as any other possible import taxes will be the responsibility of the buyer.

Upon confirmation of the order, payment is required immediately. Payment must be made in full and instantly, via credit card payment.

 

DELIVERY AND DEADLINES

Delivery involves the transfer of physical possession or control of the goods.

Our products are available for purchase in France, Europe and internationally.

ELLBA STYLE will ensure delivery of the products according to the options selected when ordering (shipping costs and carrier), to the address you specified when ordering and within the time frame indicated at that time.

We recommend that you carefully check the accuracy of the address you have provided before finalizing your order. You will be solely responsible for the consequences resulting from a possible entry error, including additional costs such as those linked to reshipping, which will be entirely your responsibility.

ELLBA STYLE undertakes to do everything possible to ship your order within the time specified during your purchase.

Delivery times start from the shipping date and do not include the time it takes to prepare the order. If the delivery delay exceeds 30 days from the date of the order, you have the right to request in writing the cancellation of the sale (in accordance with articles L 216-2 et seq. of the Consumer Code).

In this case, you will be reimbursed for the sums paid within a maximum period of fourteen days from the date of termination of the contract, without compensation or withholding.

The cancellation of the sale will not apply in the event of delay or non-delivery resulting from the responsibility of the consumer or a case of force majeure.

The cost of delivery varies depending on the carrier chosen as well as the weight and dimensions of the package. In any case, the delivery time and cost will be communicated to you before your order is finalized.

 

POTENTIAL PROBLEMS WITH THE CONTROL!

Why is my order canceled?

Your order may be canceled for legitimate reasons, such as the presence of a prior dispute.

Additionally, order quantities significantly higher than those typically placed by buyers as consumers could result in refusal.

If a product is not available, we may have to cancel your order.

Availability

Our products are available as long as they are visible on the Ellbastyle.com website and while stocks last. If a product becomes unavailable after confirmation of your order, you will be informed by email.

In this case, your order will be canceled automatically, and if payment has already been taken, you will be refunded within 14 days.

ELLBA STYLE will not be held responsible for compensating this cancellation, unless this unavailability is attributable to its own actions.

My package is damaged. What should I do ?

Upon acceptance and payment of the order, ownership of the products is transferred to you.

As for the risks of loss or deterioration of the products, they are transferred upon actual delivery of the order.

Upon receipt, ensure the integrity of the package.

If damage is found, please refuse receipt of the package and follow the procedure below:

• Please clearly express your reservations on the delivery note or on the package if necessary (for example: package torn at the top, 5 cm hole, wet package, open package, etc.). Note that simply checking the “with reservation” box has no legal validity. It is imperative to detail your comments precisely; taking photos of the package may be advisable as proof. If the delivery person/carrier does not allow you to check the condition of the package, please mention this constraint in your reservations.

• Send, within three working days following delivery, a registered letter with acknowledgment of receipt to the carrier, detailing the apparent damage noted and confirming your reservations. If the delivery person/carrier does not allow you to check the condition of the package, this period is extended to 10 days. The same procedure must be followed if the damage (damage, theft) is only noted when the package is opened, even if the exterior packaging of the package is not damaged.

At the same time, please contact us immediately (see “Contact” section) to report the problem. In order to speed up the processing of your request, please provide us with the following elements: the order number, the delivery note, as well as a photo of the products.

If you choose to be delivered by a carrier other than that recommended by ELLBA STYLE, the transfer of risks occurs upon delivery of the products to the carrier. Consequently, ELLBA STYLE declines all responsibility for any loss or damage to the products, which are then your responsibility.

My package seems lost, what should I do?

In the event of a lost package, it is imperative to contact our customer service as soon as possible. You will find all the information to contact us in the “Contact” section on our website. We recommend that you provide us with the order number and any other relevant information to facilitate the process of finding the package.

I received a product different from the one ordered, what should I do?

Within three (3) working days following receipt of your delivery, you have the option of sending your complaint in writing, whether by post or electronic mail.

It is important to provide all necessary supporting documents, including photos to support your claim. If it is not submitted within these deadlines and conditions, ELLBA STYLE reserves the right to refuse it, then considering the products as compliant and free from any visible defect.

You have the possibility of requesting a refund or replacement of the product, at the expense of ELLBA STYLE, in the event that the lack of conformity, apparent or hidden defects are proven by the consumer.

This complies with the conditions set out in articles L 217-4 et seq. of the Consumer Code as well as these general conditions of sale.

Can I withdraw?

You have the right to change your mind !

However, certain conditions must be respected to exercise your right of withdrawal: From receipt of your order, you have a period of 14 days to express your desire to withdraw, without having to justify your decision and without incurring any costs. other costs than those related to returning your order.

To do this, you can use the withdrawal form provided in the appendix at the bottom of these General Terms and Conditions.

You also have the possibility of expressing your wish to withdraw in writing, clearly and unambiguously, whether by post or electronic mail, indicating:

• Your order number
• The reference of the article subject to withdrawal
• Your first and last name
• Your address
• Your phone number
• Your email address

In the event of a dispute, it is your responsibility to prove that you have respected the aforementioned withdrawal period.

HOW TO RETURN AN ITEM ?

The return must comply with the following conditions:

• The items must be returned to ELLBA STYLE no later than 14 days following your notification to ELLBA STYLE of your intention to withdraw.
• Items must be returned in their original condition and packaging, complete (unless opened or testing the product) and ready to be resold as new.
• Returned products must not be damaged, incomplete or have signs of use.
• Items should not have body odor, perfume or laundry odor.
• The package must be sent by Colissimo de La Poste to the address indicated above.

When purchasing online, you don't have the opportunity to inspect the product like you would in-store.

The possibility of withdrawing, as defined in our conditions, however, offers you the chance to evaluate the product as you would in a physical store.

It should be noted that if ELLBA STYLE notices use exceeding this framework or a depreciation of the product, a discount may be applied and you will only be reimbursed up to the initial amount deducted from this discount.

Once the required conditions are met, ELLBA STYLE will reimburse you within a maximum of 14 days after receipt of your withdrawal notification.

However, we reserve the right to defer this refund until receipt of the items concerned.

The costs and risks associated with the return are your responsibility.

To facilitate the management of your return, we recommend that you use the Colissimo tracked service for shipping and keep proof of sending, including proof of shipping and the tracking number of the package for any possible problem.

Please note that only shippers (i.e. you as the customer) are authorized to initiate an investigation with the postal service in the event of a delivery problem.

It is crucial to emphasize that ELLBA STYLE cannot be held responsible for any loss or damage during the returns process.

In the event of disagreement or request for reimbursement, it is up to you to demonstrate that you have respected the withdrawal period mentioned above.

We thank you for your diligence and cooperation in this process.

HOW TO CONTACT US ?

For any questions or complaints, whether it is a request for information before or after your purchase.

Please contact our customer service by email contact@ellbastyle.com or via the “Contact” section.

In order to guarantee effective monitoring and traceability of our exchanges, we ask you to favor communication by email.

LEGAL PROVISIONS

Compliance and legal guarantee

The Customer benefits from the legal guarantee of conformity (articles L. 217-3 to L. 217-20 of the Consumer Code) and the legal guarantee relating to defects in the item sold (articles 1641 to 1648 and 2232 of the Civil Code). ).

“The consumer has a period of two years from delivery of the goods to obtain implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance . “When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance . “The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods ” . “The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them. ” “If the good is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee ” . “If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good ” . “The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against return of the goods, if: “1° The professional refuses to repair or replace the goods ” ; “2° The repair or replacement of the goods takes place after a period of thirty days ” ; “3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or replacement ” ; “4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity ” . “The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request repair or replacement of the goods beforehand . “The consumer does not have the right to cancel the sale if the lack of conformity is minor ” . “Any period of immobilization of the good for the purpose of its repair or replacement suspends the guarantee which remained to run until the delivery of the restored good ” . “The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code ” . “The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover article L. 241-5 of the Consumer Code ) . “The consumer also benefits from the legal guarantee of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund against return of the item.

 

Intellectual property

The products offered for sale on the Ellbastyle.com site are the exclusive property of ELLBA STYLE and are protected by intellectual property rights. All of the constituent elements of the website belong to ELLBA STYLE and are protected by national and international laws governing intellectual property.

Any reproduction, even partial, of this content is strictly prohibited and could constitute a violation of copyright.

Images, logos, brands, texts, photographs as well as any other element of the site, including these General Terms and Conditions, are subject to copyright.

Any unauthorized use of these materials may result in legal action for plagiarism, counterfeiting, or other similar offenses.

Applicable right :

The general conditions of sale as well as all purchase and sale transactions mentioned therein are governed by French law.

These General Terms and Conditions are written in French. In the event of translation into another language, only the French version will prevail in the event of a dispute.

In the event of a disagreement after a purchase on the site, you have various options to resolve the dispute, either through amicable solutions or by taking legal action.

For an extra-judicial appeal:

In the event of a dispute, we encourage you first to contact our customer service (see the “Contact” section in these general conditions of sale) in order to seek an amicable resolution.

If no satisfactory solution is found, you have the option of opting for conventional mediation or another alternative dispute resolution method. You can benefit free of charge from the mediation service offered by the CNPM body.

For your request to be admissible, you must contact the mediator within one year of sending your written complaint which has remained unanswered.

If necessary, you can also seek assistance from a consumer association or alert the DGCCRF.

In the absence of an amicable solution, the dispute may be brought before the competent courts under the conditions of common law.