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General terms and conditions of sale of the website www.elizalutz.com
In the event of a dispute, only the French version of these General Terms and Conditions of Sale (GTC) shall prevail.
Section 1 – Purpose
The present general conditions of sale described below detail the rights and obligations between Elizalutz, 14, rue du Val, 77650 Savins – Telephone: +33 1 64 08 08 87 75, Siret N°: …. .. …….
and, on the other hand, by any physical or legal person wishing to make a purchase via the website www.elizalutz.com hereinafter referred to as “the buyer”.
The acquisition of a product through this site implies an unreserved acceptance by the buyer of these terms and conditions of sale, which the buyer acknowledges having read prior to his order.
These conditions of sale shall prevail over any other general or special conditions not expressly approved by Elizalutz.
Elizalutz reserves the right to modify these terms and conditions of sale at any time in order to comply with any new regulations or to improve the use of its website. As a result, the applicable conditions will be those in force at the date of the order by the buyer.
Section 2 – Products
The products offered are those which appear on the website www.elizalutz.com, within the limits of available stocks. Most of the products presented on the www.elizalutz.com website are luxury creations by the unit or in very small quantities. Elizalutz reserves the right to modify the product range at any time according to its creations. Each product is presented on the website in the form of a description containing its main technical characteristics: dimensions, use, composition… The photographs are as faithful a representation as possible of the product but have no contractual value and do not engage Elizalutz’s responsibility. The sale of the products presented on the site www.elizalutz.com is intended for all buyers residing in countries that fully allow the entry into their territory of these products. The buyer is exclusively responsible for verifying the import possibilities of the products ordered with regard to the law of the territory of the country of delivery.
Section 3 – Price
The prices of the items sold are those in force on the day the order is confirmed and indicated on the item sheets. They are in Euro and calculated inclusive of all taxes. Any change in the VAT rate may be reflected in the price of the products. The prices indicated in the order confirmation include discounts, rebates and reductions that Elizalutz is required to grant. Full payment must be made at the checkout.
They will be increased by the shipping costs applicable on the day of the order depending on the delivery method chosen.
Elizalutz reserves the right to change its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is placed.
Section 4 – Ordering
Any order implies unrestricted and unreserved acceptance of the general terms and conditions of sale.
The buyer is required to check the details of his order, including the total price including VAT and any discounts, the method of payment, the method of delivery and corrects any errors. The order is processed according to the steps below:
– The buyer selects the products and puts them in his basket
– The buyer checks his basket, modifies and/or confirms the articles and the number of products selected.
– The buyer creates a user account and fills in the billing information. If the buyer already has an account on the website www.elizalutz.com, he connects to his account to continue his order.
– The buyer selects if there is a shipping method and enters a promotion code or the number of his luxury gift card
– The total amount of the order is calculated.
– The buyer validates his order and the general conditions of use and sale of www.elizalutz.com.
– The buyer selects his payment method, validates his order and is directed to the page allowing him to pay for his order.
– If payment is accepted, the order is recorded and the contract is definitively formed. Elizalutz sends the customer a copy of the order confirmation by e-mail.
In the event of an error in the provision of the buyer’s personal information, Elizalutz shall not be held liable for the impossibility of delivering the goods or contacting the buyer.
Elizalutz reserves the right to cancel any order from a customer with whom there is a dispute regarding the payment of a previous order. Elizalutz reserves the right not to record payment and/or confirm an order for any reason whatsoever, in particular due to a product supply problem.
Section 5 – Payment
Payment is made in full when ordering.
The website www.elizalutz.com offers the following payment methods:
– Bank transfer
– Elizalutz luxury gift card
Paypal offers a simple and secure payment. 250 million Internet customers trust them. Paypal offers the best encryption methods on the market to protect you against bank fraud and secure money transfers.
Bank transfers are a simple and convenient way. This payment service is offered by the buyer’s bank. The transfer must be made to the account:
and the order number must be used in the transfer reference to identify the order and send the products. The order will be effective upon receipt of payment on the Elizalutz company account.
In case of payment by cheque, the cheque must be made payable to Elizalutz and sent by post to the following address: Elizalutz, 14 rue du Val, 77650 Savins, France. The cheque must be accompanied by the printed order form with the buyer’s contact details. The order will be effective upon receipt of the check by Elizalutz.
The Elizalutz luxury gift card can be used for one year from the date of purchase on the website www.elizalutz.com. The minimum amount to make a purchase with the card is 20 €.
The Elizalutz luxury gift card carries a unique identification code. It is transferable and the holder has full responsibility for its use. It will not be subject to any refund, exchange or credit note in case of loss, theft or forgetting.
If the value of the luxury gift card is not used in its entirety and/or within the limit of its useful life, the holder or buyer may not claim a refund of all or part of the card in any way whatsoever.
To use the gift card onwww.elizalutz.com, the cardholder must enter the unique identification code at the time of ordering. The total amount of the purchase and delivery cost is deducted from the credit allocated to the luxury gift card. If the amount of the purchase is greater than the amount of the credit, the buyer may add the remaining amount using the payment methods at his disposal on the website www.elizalutz.com.
Section 6 – Late payment
The preparation and shipment of the delivery of the order will be done upon receipt of payment. If payment has not been received within 15 days of the date of the order, the order will be cancelled. An information e-mail will be sent to the buyer.
In the event of non-payment in whole or in part of the goods delivered on the day of receipt, the buyer must pay Elizalutz a late payment penalty equal to three times the legal interest rate in addition to the amount still to be paid.
The legal interest rate used is that in force on the day of delivery of the goods.
As from 1 January 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of 20 August 2014).
This penalty is calculated on the amount including VAT of the amount still due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to the late payment compensation, any sum, including the deposit, not paid on its due date shall automatically give rise to the payment of a fixed compensation of 40 euros due for recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.
Section 7 – Rescission clause
If, within 15 days following the implementation of Article 6 of these general terms and conditions of sale, the buyer has not paid the outstanding amounts, the sale shall be automatically cancelled and may give rise to an award of damages in favour of Elizalutz.
Section 8 – Retention of ownership
Elizalutz retains ownership of the goods sold, both tangible and intangible, until full payment of the price, in principal and accessories. As such, if the buyer is subject to receivership or liquidation, Elizalutz reserves the right to claim, in the context of the collective proceedings, the goods sold and unpaid.
Section 9 – Delivery
Delivery can be made by direct delivery to the buyer’s home or by relay point depending on the options chosen when ordering. Delivery times and costs vary depending on the delivery method chosen.
The delivery time indicated at the time of registration of the order is given as an indication and does not constitute a guarantee. As such, any delay in the delivery of the ordered goods may not give rise to the allocation of damages or the cancellation of the order for the benefit of the buyer. The website www.elizalutz.com offers several possibilities of service providers and delivery rates. Delivery rates vary according to delivery times, destination countries, weight and size of items, guarantees associated with the delivery method. The risk related to transport is borne by the buyer.
The products are delivered to the address indicated by the buyer when ordering. Delivery is deemed to have been made as soon as the product is handed over to the carrier. The customer must verify the completeness and accuracy of the information provided to Elizalutz.
For deliveries outside metropolitan France, the customer undertakes to pay all taxes due on the import of products, customs duties, Value Added Tax (VAT) and any other taxes due under the laws of the country in which the order is received. Elizalutz is released from any legal liability if the taxes are not paid by the buyer.
In the event of missing or damaged goods during transport, the buyer must make all necessary reservations in writing upon receipt of the goods from the carrier. The buyer must submit to Elizalutz on the same day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality with regard to the indications appearing on the order form. Any complaint made after this deadline will be rejected without any possibility of appeal.
Elizalutz generally ships the same day your order placed before 12:00 noon on working days, excluding public holidays under French law. Orders placed after 12:00pm are shipped the next business day. If an order cannot be shipped within 72 hours, you will receive an information email informing you of the estimated shipping delivery time.
If you choose a free delivery in France, this option is without insurance. In the event of loss or theft by the distribution platform, Elizalutz cannot be held responsible. This delivery option does not give rise to any refund, exchange or credit note from Elizalutz.
Section 10 – Return
Buyers have a period of fourteen clear days from receipt of the product to indicate their wish to withdraw, then an additional fourteen days (from the communication of the withdrawal decision) to return the item to us if it does not give satisfaction. The buyer must return the item(s) ordered in the original packaging, in perfect condition, and not used or worn. Otherwise, no refund or exchange will be made.
The Elizalutz company must be informed by e-mail at the following address: email@example.com or by post at the following address: Elizalutz, Customer Service, 14, rue du Val, 77650 Savins before returning any goods.
In accordance with Article L 121-21-8 of the Consumer Code, the right of withdrawal may not be exercised in the context of the supply of personalised products. The warranty conditions remain unchanged.
To proceed with the return, the items must be returned to the following address: Elizalutz, Customer Service, 14, rue du Val, 77650 Savins. Unless otherwise agreed in writing by Elizalutz, the return costs are to be borne by the buyer.
Section 11 – Force Majeure
Elizalutz may not be held liable for the non-execution or delay in the execution of one of its obligations described in these general terms and conditions of sale resulting from a case of force majeure. As such, force majeure refers to any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Section 12 – Competent court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
If no amicable resolution is reached, the dispute will be brought before the Melun Commercial Court.
Done at Savins on November 21, 2018
Elizalutz, 14, rue du Val, 77650 Savins