GENERAL TERMS AND CONDITIONS OF SALE
CHAPTER I. GENERAL CONDITIONS OF SALE
EOSTREAMSHOP.FR / STORE / CLICK AND COLLECT
ARTICLE 1 - SCOPE OF THE GENERAL CONDITIONS OF SALE
These general conditions of sale apply to all orders placed on or with the website www.eostreamshop.fr, or by telephone via 03.88.16.17.10. These conditions apply to the exclusion of all other conditions.
The website of Eostreamshop.fr offers the Customer the sale of all articles, products or services relating to home fragrances, accessories of diffusions and all ancillary elements.
Any placing of an order on the site www.eostreamshop.fr, presupposes the knowledge of these general conditions of sale as well as the agreement of the Customer on the entirety of their container.
Eostream reserves the right to adapt or modify these general conditions of sale at any time. In this case, only the general conditions of sale in force at the time of the order will then be applicable.
Eostream advises the Customer to save and/or print these general conditions of sale for safe and lasting preservation, and thus be able to invoke them at any time during the execution of the contract if necessary.
In the entirety hereof, the Customer will be understood as the one with whom the purchase-sale relationship is established and who will be invoiced for the order.
ARTICLE 2 – PRICES
2.1. All prices of the products and services offered for sale on the www.eostreamshop.fr site are expressed in euros all taxes included excluding participation in processing and shipping costs. These processing and shipping costs are available and detailed when ordering.
2.2. Eostream reserves the right to modify its prices at any time but undertakes to apply the rates in force at the time of registration of the order subject to the availability of the products on that date.
2.3. The products remain the property of Eostream until full and complete receipt of the price. However, from the collection or receipt of the order by the customer or his representative, the risks of the goods removed or delivered are transferred to the customer.
ARTICLE 3 - THE ORDER - ORDER VALIDATION
3.1. Orders are placed on the website www.eostreamshop.fr.
3.2. Orders can also be made by phone at 03.88.16.17.10 from France
3.4. The contractual information is presented in French.
3.5. To place an order:
o on eostreamshop.fr, the Customer follows the different order steps scrolling on the site, namely the selection of the item or items chosen by the "my basket" section, the Customer identification by the "contact details" section, the terms and conditions of delivery by the "delivery" section, the payment terms by the "payment" section and the finalization of the order by the "confirmation" section.
The Customer's attention is particularly drawn to the method of acceptance of the order placed on the website www.eostreamshop.fr. When the Customer places his order he must confirm it by the "double-click" technique, that is to say that after selecting products added to the basket, the Customer must check and possibly correct the contents of his basket (identification, quantity of products selected, price, terms and delivery costs ...) before validating it by clicking on "I validate my delivery", then he acknowledges accepting these GTC before clicking on the "I pay" button, finally he validates his order after filling in his bank details. The "double click" is equivalent to "electronic signature" and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer. Unless proven otherwise, the data recorded by Eostream on the Internet or by telephone constitute proof of all transactions between the company and its customers.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery/delivery. Eostream strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the "my account" area. Again, Eostream strongly advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
The Customer's attention is particularly drawn to the method of acceptance of the order placed via telephone. When the Customer places his order, he confirms it by the act of payment. By payment the Customer acknowledges having accepted the GTC, payment constitutes an irrevocable and unreserved acceptance of the order by the Customer. Unless proven otherwise, the data recorded by Eostream on the Internet or by telephone constitute proof of all transactions between the company and its customers.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery/delivery. Eostream strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. An invoice on durable medium (PDF format) is sent by e-mail in good time and at the latest at the time of delivery/delivery.
3.6. The information communicated by the Customer when placing the order (in particular name and delivery address) binds the latter. Thus, the responsibility of the company Eostream can in no way be sought in the event that an error during the placing of the order prevents or delays the delivery / delivery.
3.7. The company Eostream reserves the right to refuse any order from a customer with whom there is or has been a dispute over the payment of a previous order placed with Eostream or with another merchant site.
3.8. The Customer declares to have full legal capacity to commit himself under these general conditions of sale.
ARTICLE 4 – AVAILABILITY
4.1. Product and price offers are valid as long as they are visible on the site, within the limits of available stocks.
4.2. In case of unavailability of product after placing the order, the Customer will be informed of the period within which the product will be made available. The Customer who does not wish to wait for this provision or in case of definitive unavailability of the product, is refunded all the sums paid if his bank account has been debited and this within 14 days of the cancellation of the order in accordance with Article L. 216-3 of the Consumer Code.
ARTICLE 5 – PAYMENT
5.1. Cash on the day of the order.
Payment is made: By credit card bearing one of the following acronyms: CB, Visa, Mastercard. The order will only be considered accepted by Eostream when the bank payment centers concerned have given their agreement and Eostream has validated the order with regard to its risk acceptance criteria. In case of acceptance of the file by the payment center and by Eostream, the customer will be informed by sending the confirmation of the order by email. In case of refusal of the file, the order will be automatically refused and the customer will also be informed by email.
ARTICLE 6 - DELIVERY / DELIVERY
6.1. The methods of delivery and delivery of the goods.
Eostream offers you different delivery or delivery methods depending on the nature of the product. Thus:
- Delivery in Metropolitan France to the exclusion of any other territory: These products are delivered to the delivery address indicated when ordering. The products are delivered to the threshold of the dwelling, that is to say to the door of the recipient's house or to the foot of his building in case of apartment. This delivery does not include installation or commissioning.
- Collection in a Relay Point : For products weighing less than 10 kg. These products can be picked up at a Relay Point, only if the Customer has selected this choice when placing his order. The Relay Point closest to the delivery address will be announced when taking the order.
6.2. The provisions common to the 2 delivery methods developed above:
The shipping costs are indicated in the table "delivery times and costs" available on the website.
The deadlines are in working days and correspond to average times of preparation and delivery of the order in Metropolitan France.
Delivery and collection times run from the confirmation of the order by Eostream, which acceptance will be formalized by sending an electronic message to the attention of the Customer informing him in particular of the status of his order being prepared.
6.3. Deliverables specific provisions:
In case of items deliverable on different dates with regard to the availability of the products ordered, the announced delivery time will be calculated on the longest time. Eostream reserves the right to split the order into several deliveries, it being understood that this splitting will occur at no additional cost to the customer.
Eostream can not be held responsible for the consequences due to a delay in delivery. The maximum delivery time is 30 days. In case of delay in shipping, the order will not be canceled. Eostream will inform the Customer of this delay by email. In this case, the Customer may decide to cancel his order. In the event that the order has not yet been shipped upon receipt of the Customer's cancellation notice, the delivery will then be blocked and the Customer will be refunded any sums debited within 14 days of receipt of said cancellation notice in accordance with Article L. 216-3 of the Consumer Code. In the event that the latter has been shipped, the Customer will always have the option to cancel his order by refusing the package. In this case, Eostream will refund the products as well as the return costs within 14 days of receiving the return of the package refused complete and in its original condition.
In case of absence of the Customer during the delivery of a package, a notice of passage will be left to his attention. The package of a 'non-bulky' product will be represented to him up to 3 times within a working period of 10 days from the first notice of passage. The package of a 'bulky' product will be represented only once after a new appointment is established with the Customer Service, within a maximum working period of 20 days from the first notice of passage.
In the absence of receipt of the product by the Customer at the end of these periods due to absence, Eostream reserves the right to recover the goods. After contact with the customer, either by phone or by e-mail, the order will be in agreement of the Parties, or [1] canceled and Eostream will then refund the product by credit to the Customer's bank account within 14 days of cancellation by the Customer, or [2] redirected to the delivery address with the shipping costs to be borne by the customer. If the Customer does not respond within 10 days of sending the email, the order will be automatically canceled and the package returned to Eostream.
The provisions specific to the products to be collected in Relay Points:
The provision of the product at the Relay Point is communicated to the Customer by e-mail. From this message, the Customer has a period of 10 working days to withdraw his product.
ARTICLE 7 – CONFORMITY
7.1. Except in the case of the legal guarantee of conformity of the products, the Customer must check the conformity of the delivered or removed goods before signing any delivery document. In the event of a finding of anomaly, the Customer will indicate his reservations directly on the delivery document, followed by his signature. In the event of a serious anomaly (torn, opened packaging, missing products, damaged ...), the Customer will refuse the package and will specify on the delivery document the reasons for his refusal. This verification is considered to have been carried out as soon as the Customer, or any person authorized to receive the package on his behalf, has signed the delivery document. The Customer must also confirm the reservations to the Customer Service Eostreamshop.fr (at the following address: Customer Service Eostreamshop.fr, Rue du Doubs 67100 STRASBOURG) within 3 working days of receipt of the item(s). If the Customer has not had the opportunity to effectively check the good condition of the package, he has a period of 10 days following receipt to notify his reservations
Any claim made outside these deadlines cannot be accepted.
7.2. Eostream undertakes to refund or exchange products that do not comply with the Customer's order. To do this, the Customer will send in writing (email to www.eostreamshop.fr or registered mail with acknowledgment of receipt to customer service Eostreamshop.fr, Rue du Doubs 67100 STRASBOURG) within 15 days of delivery or withdrawal of the product (s), any complaint relating to the non-conformity of a product in relation to his order and will specify on this occasion his choice between refund or exchange. Any claim made outside this period cannot be accepted.
In the event of an exchange request by the customer, the procedure established in Article 9 below must be duly respected, and the Customer Service Eostreamshop.fr will inform him of the procedure to be followed.
7.3 In all the cases referred to in this article 8, the return of the products can only be accepted for complete products, in their original condition (original packaging, instructions, accessories ...). In these same cases, the return costs will be reimbursed by Eostream.
ARTICLE 8 – WITHDRAWAL
8.1 Principle
In accordance with Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 calendar days from the conclusion of the contract or the receipt of his article to exercise his right of withdrawal without having to justify his decision or to bear other costs with the exception of return costs which remain at his expense.
In the case of an order for several items delivered separately, the period runs from receipt of the last item.
8.2 Procedures for exercising the right of withdrawal
To exercise his right of withdrawal, the Customer informs Eostream of his decision to withdraw either by sending the standard withdrawal form in Appendix 1 of these General Terms and Conditions of Sale, or by sending any unambiguous statement expressing his desire to withdraw, before the expiry of the aforementioned 14-day period by mail to the address (Customer Service Eostream, Rue du Doubs 67100 STRASBOURG) or telephone.
The Customer may also contact Eostream :
- by email on www.eostreamshop.fr - contact@eostreamshop.fr
- by phone at 03.88.16.17.10, with your invoice number for orders placed on eostreamshop.fr.
8.3 Terms of return of items
The Customer has a period of 14 calendar days from the communication of his decision to withdraw to return his item to Eostream, the return costs being borne by the Customer.
The Customer must return his item to the following address:
After-sales service EOSTREAMSHOP.FR Return Center
Rue du Doubs
67100 STRASBOURG
Under common law, the goods travel at the Risk and Peril of the Customer and as such, EOSTREAM particularly advises the Customer to take all appropriate insurance to cover this risk and / or all appropriate measures for optimal protection of the product.
The Customer may also return his item to EOSTREAM on opening days and hours.
8.4. Refund
The Customer will be reimbursed for all sums paid, including delivery costs, no later than fourteen (14) days from the date on which Eostream is informed of the Customer's decision to withdraw.
If the Customer has expressly chosen a more expensive delivery method than the standard delivery method, only the amount of the standard delivery will be refunded.
The refund may be deferred until the goods are recovered or until the Customer has provided proof of shipment of the goods.
It will be made using the same means of payment as that used by the Customer for the initial transaction, unless expressly agreed by the Customer for the refund to be made by another means of payment.
8.5. Consequences of exercising the right of withdrawal
In accordance with Article L. 221-27 of the Consumer Code, the exercise of the right of withdrawal from a main contract automatically terminates any ancillary contract unless the ancillary contract has been executed before the end of the withdrawal period.
ARTICLE 9 - SECURITY
The Customer's credit card information benefits from the SSL encryption process. This information is directly addressed to the Bank of the company Eostream, so it does not transit and is therefore not stored on the servers Eostream.
ARTICLE 10 - INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, images and photographs, trademarks and databases reproduced and integrated on the Eostreamshop.fr site are protected, for the whole world, in particular under intellectual property and copyright. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized. Any total or partial reproduction of the Eostreamshop.fr site is strictly prohibited.
ARTICLE 11 - CUSTOMER SERVICE
For any question, information or complaint, customer service is at the customer's disposal:
- by phone at 03.88.16.17.10 from Monday to Friday (excluding public holidays) from 9am to 5pm for any question relating to
> To the follow-up of your order,
> To a withdrawal or non-conformity of the product after its purchase,
ARTICLE 12 - APPLICABLE LAW, DISPUTES AND MEDIATION
Applicable law
These general conditions of sale and the online sales contract are subject to French law.
Litigation and Mediation
In the event of a dispute or complaint, the Customer is recommended to contact Customer Service in order to seek and find an amicable solution. For any contact, refer to article 14 above.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Eostream adheres to the Service of the E-commerce Mediator of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 rue de la Boétie – 75008 Paris – http://www.mediateurfevad.fr. After prior written action on your part, the Ombudsman Service may be seized for any consumer dispute whose settlement has not been successful. To find out how to refer the matter to the Ombudsman, click here.
In addition, the European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase and then forward them to the competent national ombudsmen. This platform is accessible here.
In the absence of an amicable agreement between the Parties, the dispute will be submitted to the French Courts.
ARTICLE 13 - PERSONAL INFORMATION
Eostream SARL, Rue du Doubs 67100 STRASBOURG, is responsible for the processing of your data for the purposes of managing your request, customer relations, monitoring the loyalty program, and after-sales service. This processing is based on the contract binding Eostream to the customer. On the basis of its legitimate interest, EOSTREAM may also use this data for statistical analysis purposes and for prospecting and improving customer knowledge. As a customer of EOSTREAM, you can receive commercial offers and good deals from EOSTREAM by SMS and / or Email and / or by mail, unless you oppose it by indicating it at the time of collection of your data or later by exercising your right Informatique et Libertés. EOSTREAM may also contact you by SMS and Email for non-advertising contacts.
The personal data concerning you are intended for Eostream and its subcontractors in charge of the execution of the purposes referred to above. They can also be transmitted by EOSTREAM to partner companies. This data will be kept for a period of three years from the end of the commercial relationship.
You can exercise all the rights you have under the law known as "Informatique et Libertés" (access, rectification, deletion of data, limitation of processing on this data, opposition to the use of this data, portability of this data, guidelines relating to the fate of this data after your death) by writing to the address referred to above or by sending an email to the address contact@eostreamshop.fr . For more information on your personal data, click here
You also have the right to lodge a complaint with the CNIL.