TERMS AND CONDITIONS
TERMS AND CONDITIONS
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE AND SALE CAREFULLY
THESE GENERAL CONDITIONS OF USE AND SALE DEFINE THE CONDITIONS AND RESTRICTIONS OF USE THAT YOU ACCEPT AND AGREE TO COMPLY WITH BY REGISTERING AND PURCHASING ON THE WEBSITE. OTHERWISE, YOU MAY NOT USE THE WEBSITE OR ORDER PRODUCTS.
The terms used in these General Terms and Conditions of Use and Sale, in both the singular and plural, shall have the following meanings:
Buyer: any natural person of legal age, having the capacity to contract and having the status of consumer within the meaning of the preliminary article of the French Consumer Code, who orders Products on the Internet Site for non-professional purposes under the conditions defined below.
General Conditions of Use and Sale or CGUV: the present general conditions applicable between EDEN 1969 and the Buyer, which the Buyer declares he accepts when creating his Account and when ordering Products, and which govern the use of the Internet Site and the sale of Products.
Order: process by which the Buyer purchases one or more Products.
Account: personal space made available to the Buyer and accessible with Identifiers after registration, enabling him/her to place Orders.
EDEN 1969: refers to the company EDEN 1969, a limited liability company with capital of €40,700.00 registered with the RCS of Marseille under number 478 587 652, whose registered office is located at 560 avenue du Garlaban, 13420 Gemenos, represented by its legal representative.
Identifiers: identifier and password chosen by the Buyer when creating his/her Account (or subsequently if the Buyer modifies his/her Account).
Product: any product offered for sale by EDEN 1969 on the Internet Site.
Website: infrastructure accessible at www.1969.fr, owned and operated by EDEN 1969.
ARTICLE 2. PURPOSE AND APPLICATION OF THE GENERAL CONDITIONS OF USE
The present General Conditions of Use and Sale form the contract between EDEN 1969 and the Buyer (hereinafter "the Contract") upon their acceptance and define the rights and obligations of EDEN 1969 and the Buyer applicable to the sale of Products, which the Buyer accepts by ordering Products on the Internet Site.
The Buyer's unreserved acceptance of these CGUV consists in checking the corresponding box. The present CGUV are permanently accessible on the Internet Site, in a computer format allowing them to be printed and/or downloaded, so that the Buyer can reproduce or save them.
EDEN 1969 may modify the General Conditions of Use and Sale with reasonable notice. The new General Conditions of Use and Sale will apply to future Orders placed by the Purchaser. If the Buyer does not agree with the new General Terms and Conditions of Use and Sale, the Buyer may terminate the Contract under the conditions set out in article 12 and delete his/her account.
The placing of any Order on the Website is subject to acceptance of the present General Conditions of Use and Sale.
3.1 Registration and Account creation : The Order implies the creation of an Account in accordance with the present article at any time by clicking on "Register / Login" or at the latest when placing the order.
Orders may be placed on the Website by natural persons of legal age, who have the capacity to contract and are not acting in a professional capacity.
In order to register, the Purchaser must complete the information requested accurately and exhaustively, in particular concerning his/her identification. The Buyer may update the information provided for the creation of his/her Account at any time. The Buyer guarantees that the data communicated, at the time of creating his/her Account and thereafter, is accurate, sincere and true. The provision of false information by the Buyer, resulting in the impossibility for EDEN 1969 to fulfil its obligations, in particular the delivery of Products, shall not incur the liability of the latter as a result.
In the event of doubt as to the accuracy of the information provided by the Purchaser, EDEN 1969 reserves the right to request official proof of identity and/or to suspend access to the Account for the time required for the necessary verifications.
To register, the Buyer must also accept the present General Terms and Conditions of Use and Sale.
The account will be accessible using the login details (e-mail address and password) chosen by the Buyer at the time of registration.
3.2 Identifiers: the Buyer acknowledges that the Identifiers are strictly personal and confidential. Consequently, they may not be communicated or shared with third parties.
In order to optimize the security of access to his/her Account, the Buyer is advised to choose a unique, robust and non-intuitive password and to contact EDEN 1969 in the event of any doubt regarding the fraudulent use of his/her Account.
3.3. Account functionalities: the Account gives the Buyer access to his/her customer area, from which he/she can :
- View and modify the data communicated when the Account was created or subsequently;
- Access the history of past and current purchases, and invoices;
- Consult and modify their delivery address;
- Modify their password.
3.4. Feedback. Purchasers will be invited to leave a notice concerning their purchase on the Website. The procedures for collecting and processing these notices are specified in a section provided for this purpose.
4.1. Product selection. The Internet Site lists the Products offered for sale by the Sellers.
The essential characteristics (dimensions, functionalities, etc.) and prices of each Product are communicated by EDEN 1969 and are available in the Product description sheet.
To place an Order on the Website, the Purchaser must select the Products he/she wishes to purchase by adding them to the shopping basket.
In accordance with articles L111-1 et seq. of the French Consumer Code, the characteristics of the Products are detailed on the pages of the Website relating to each Product.
The sole purpose of the basket is to list the Products chosen by the Buyer, and under no circumstances to make them unavailable to other users. The Products will only be reserved and the price updated when the Order is validated.
Once the selection of Products has been completed, the Buyer may finalize his/her Order from the shopping basket.
4.2 Ordering Products. The Purchaser will be redirected to the shopping basket, which will contain a summary of the Products selected, the price and delivery charges. The Purchaser will be able to modify the quantities of Products or remove a Product from the basket, choose the delivery method and enter a promotional code. They can finalize their order by clicking on "Confirm order".
Unless already logged in, the Buyer must create an account or log in if he/she already has one. The Buyer must provide his/her address (delivery and billing address, if different), may apply a promotional code, choose a delivery method from among those proposed, and then proceed to payment by clicking on "Payment with [PAYMENT PROVIDER]".
The Purchaser will receive a confirmation e-mail containing the details of his/her Order.
The Order will become firm and definitive only after payment of the price.
EDEN 1969 reserves the right to cancel any order from a Buyer with whom there is a dispute relating to the payment of a previous order.
The Buyer is informed that he/she will benefit from the right of retraction as defined in article 7.
4.3. Product availability. EDEN 1969 undertakes to honour orders received only within the limits of available stocks.
Products will be shipped only after EDEN 1969 has received payment.
In the event of unavailability, particularly if the Product has become unavailable between the time the Order was placed and the time the payment was received, EDEN 1969 will inform the Purchaser as soon as possible, indicating the lead time. If the Order includes several Products, it may be delivered in several instalments at no additional cost to the Purchaser. At the Buyer's request, the order may be cancelled to the extent of the missing Products, with a refund.
5.1. Prices. Prices are freely set by EDEN 1969 and appear in the Product description. They may be modified at any time, it being understood that the applicable price will be that of the day of the Order.
Prices are quoted in euros and include all taxes.
Prices do not include delivery charges, which are payable by the Buyer and are indicated in the basket and in the Order summary.
5.2. Payment of the price. Payment methods are indicated on the payment page of the Website and when the order is placed. The price is payable in cash when the order is placed, by credit card, via the secure area of the establishment in charge of collecting the price on the page provided for this purpose.
The Buyer guarantees that he/she is fully authorized to use the means of payment and that he/she has sufficient funds to cover the costs of the order. Any bank charges related to credit card payments will be borne by the Purchaser. Under no circumstances may EDEN 1969 be held responsible for fraudulent use of the customer's credit card or bank account, unless the customer is at fault.
5.3. Delivery charges. Shipping costs are freely determined by EDEN 1969 according to the value of the Product and indicated on the Internet Site.
6.1. Delivery. Delivery of the Sales Order is handled by EDEN 1969, who is free to choose the method of delivery (home delivery, collection from a "point relais" or store) and the time required to prepare the Products.
When delivery takes place in a country other than metropolitan France or those of the European Union, the Purchaser is considered to be the importer of the Product(s).
Delivery outside the European Union may give rise to customs duties or other local taxes, import duties or state taxes, which are the responsibility of the Buyer, and vary from country to country. It is the responsibility of the Buyer to find out about the customs policies of the country of delivery and to contact the local customs office for further information.
Delivery takes place within the time indicated when the order is placed, on average 72 hours, and in any case within a maximum of 30 days.
Any delay in delivery beyond the delivery deadline, not due to force majeure, may result in the cancellation of the sale at the initiative of the Buyer by sending a registered letter with acknowledgement of receipt. In accordance with article L216-6 of the French Consumer Code, the sale will be considered cancelled upon receipt by EDEN 1969 of the Buyer's letter informing it of its decision to cancel the sale, if delivery has not taken place in the meantime. In the event of cancellation, EDEN 1969 will reimburse the Purchaser for the sums paid as soon as possible and, at the latest, within 14 (fourteen) days of receipt of the registered letter with acknowledgement of receipt.
In the event of the return of the parcel due to the Buyer (e.g. wrong address, omission to claim the parcel from the post office), the Buyer will have to pay the associated costs (storage and/or reshipment costs).
6.2. Receipt. If the package delivered by the carrier is in poor condition and if any Products are missing, the Purchaser is advised to refuse the package and to expressly note any reservations on the delivery slip so that the guarantee offered by the carrier can come into play. The Buyer must inform EDEN 1969 in writing as soon as possible, so that EDEN 1969 can investigate with the carrier. The Buyer's attention is drawn to the fact that receipt of the package without reservation is likely to extinguish EDEN 1969's actions against the carrier.
In accordance with the provisions of article L 221-18 of the French Consumer Code, the Buyer has a period of 14 (fourteen) days to exercise his/her right of retraction and return, at his/her expense, the Products he/she has ordered for any reason whatsoever. This period runs from the day of receipt of the Products by the Buyer, as evidenced by the dated delivery slip. Withdrawal may be formulated by a request addressed to EDEN1969 on plain paper or by means of the standard withdrawal form appended to the present CGUV.
However, the Buyer's attention is drawn to the fact that, in accordance with Article L221-28 of the French Consumer Code, he/she will not be able to exercise his/her right of withdrawal if the Products have been unsealed after delivery and cannot be returned for reasons of hygiene and health protection.
If the right of withdrawal is applicable, i.e. when the Products have not been unsealed, the Purchaser is asked to return the Products in their original packaging, if possible accompanied by the order and/or delivery note certifying that the Products were purchased via the Website, and ideally by a letter explaining the reason for the refusal (optional, solely for reasons of traceability).
The Product(s) must be returned to EDEN 1969 at the following address: TEMPOLOG - 2 rue de Tokyo - 13230 Port Saint Louis du Rhône - within fourteen (14) days of the date on which the Buyer's right of withdrawal was exercised. The costs and risks of returning the Products are borne by the Buyer.
After receipt and verification of the Products, EDEN 1969 will reimburse the Purchaser for the amount of the Products returned within a maximum of 14 (fourteen) days from receipt of the Products (or proof of shipment of the Products by the Purchaser), by the same means of payment used by the Purchaser to purchase the Products, unless otherwise agreed in writing by the Purchaser and EDEN 1969.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature and characteristics of the Products, EDEN 1969 may request payment from the Purchaser of an indemnity corresponding to this depreciation.
The Products offered comply with the legislation in force and the standards applicable in the countries in which the Products are delivered.
EDEN 1969 is liable for defects in the conformity of the Products under the conditions of articles L217-3 et seq. of the French Consumer Code and for hidden defects in the Products under the conditions of articles 1641 et seq. of the French Civil Code.
By virtue of the guarantee of conformity of the Products, the Buyer has a period of 2 years from receipt of the Product to request its repair or replacement, subject to the cost conditions set out in article L 217-12 of the French Consumer Code. Given the nature of the Products, EDEN 1969 may not be able to repair the Products, but only replace them. If both repair and replacement of the Product are impossible, the Buyer may return the non-conforming Product and have the price refunded, or keep the Product and have part of the price refunded.
The Buyer is exempt from having to prove the existence of the lack of conformity during the 24 months following delivery of the Product.
The latent defects warranty protects the Buyer against latent defects in the purchased Product which prevent its use or affect it to such an extent that the Buyer would not have purchased it.
The Buyer may then choose between two options: keep the Product and ask for a reduction in price, or return the Product and ask for a refund of the price paid, in accordance with article 1644 of the French Civil Code.
Given the nature of the Products, the warranty may be excluded in the event of a lack of conformity or hidden defect resulting from abnormal use, improper storage or modification of the Products.
In the event of a defect in the Product, the Buyer undertakes to return the Product in its original packaging, with any notices, documentation or accessories, to the following address: TEMPOLOG - 2 rue de Tokyo - 13230 Port Saint Louis du Rhône. If the defect of the Product is confirmed, the shipping costs will be reimbursed to the Purchaser according to the rates applied by the French Post Office. The Buyer will be asked to provide a copy of the proof of shipment with rate and tracking number. Failing this, the Buyer will be liable for the cost of shipment and any reshipment.
In addition, the Buyer undertakes to return, at EDEN 1969's expense, all Products that EDEN 1969 may request the Buyer to return (in particular in the event of withdrawal of the Product by the manufacturer, health authorities, etc.). The Product will then be exchanged for another or equivalent one or reimbursed to the Purchaser at the Purchaser's discretion.
When using the Internet Site, the Buyer undertakes to comply with all applicable regulations and to respect the rights of third parties.
The Buyer is liable to EDEN 1969, other users or third parties for the use he makes of the Internet Site and for any harmful consequences attributable to a fault on his part.
The computer (hardware, software) and communication resources required to access and use the Website are the responsibility of the Buyer.
The Buyer undertakes not to communicate any data or content on the Internet Site that would be illicit, misleading, disloyal or infringe the rights of third parties, such as image rights, privacy rights or intellectual property rights.
The Buyer acknowledges and accepts that no one can guarantee the proper functioning of the Internet as a whole.
EDEN 1969 has taken every precaution to ensure that all Products have been correctly described. Nevertheless, although EDEN 1969 attempts to present accurate photographs of the Products on the Website, the colors that the Purchaser sees will depend on the computer screen used and display configurations and EDEN 1969 cannot therefore guarantee that the photographs correspond exactly to the Products (details, colors). Consequently, the photographs, information and visuals of the Products presented on the Internet Site are given for information purposes only and EDEN 1969 may not be held liable if the characteristics, performance or other features of the Products differ in any insubstantial way from the visuals present on the Internet Site.
EDEN 1969 may not be held liable in the event of a breach of its obligations due to force majeure, to the unforeseeable or insurmountable act of a third party to the contract or attributable to the Buyer. EDEN 1969 can only be held liable for direct damage.
Hypertext links on the Website may lead to other websites, the consultation and/or use of which are governed by their own terms and conditions of use and are under the respective responsibility of the Buyer and the publisher of the said website.
All rights relating to the Website, in particular intellectual property rights over texts, literary and artistic creations, graphics (including photographs) and audiovisuals, computer developments, HTML developments and other intellectual works and, more generally, all creations likely to be protected by intellectual property law such as images, logos, layout, graphic charter, structure, ergonomics, color codes, typographies, fonts, basic graphic elements, graphic organization of screens, page layout, page backgrounds, visual identity of the Website, sound elements or trademarks, including all modifications, translations, adaptations, improvements, corrections, updates or new versions or derived works, belong to EDEN 1969 or are regularly exploited by the latter, without any limitation.
The reproduction or use of all or part of these elements is authorized solely for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes counterfeiting and is punishable under intellectual property law, unless prior written authorization has been obtained from EDEN 1969.
The User undertakes to use the Website in accordance with the General Conditions of Use and Sale and not to infringe in any way whatsoever the property rights of EDEN 1969 or third parties. Any such infringement may give rise to legal proceedings.
Subject to compliance with the General Conditions of Use and Sale, EDEN 1969 grants the Purchaser a personal, limited, temporary, non-transferable and non-exclusive right to use the Internet Site.
12.1. Duration: the Contract will come into force on the date of acceptance of the Contract (date of creation of the Account) and will remain applicable for an indefinite period.
12.2. Termination: Either Party may terminate the Contract with reasonable notice.
The Buyer may cease to use the Website at any time, in particular by deleting his/her Account, provided that no purchase is in progress (in this case, he/she must comply with the conditions applicable to the cancellation of a purchase). Deletion of the Account by the Buyer will constitute termination of the Contract.
EDEN 1969 may also delete the Account after a period of inactivity of two (2) years, after informing the Buyer with at least ninety (90) days' notice, unless the Buyer requests otherwise.
Furthermore, in the event of non-performance by either Party of its obligations hereunder (in particular, the obligations set out in articles 4, 10 and 11), and in the event of failure to remedy such non-performance within a period of 15 days following written notification, the other Party may terminate this Agreement by registered letter with acknowledgement of receipt, without further judicial formalities. Termination shall be without prejudice to any damages that may be claimed by the complaining party from the defaulting party as compensation for loss suffered as a result of such breaches. Furthermore, in the event of termination for fault on the part of the Buyer, EDEN 1969 may refuse a new registration by the Buyer.
12.3 Effects of termination and deletion of Account: In the event of termination, for whatever reason, the Buyer will no longer be able to access his/her Account, which will be deleted and will no longer be accessible from the Website. The Buyer shall be personally responsible for recovering his/her data prior to the effective date of termination.
In all cases of termination or deletion of the Account, EDEN 1969 is obliged to complete the execution of any sale in progress prior to the effective date of termination or deletion of the Account. In this case, deletion of the Account or termination will be effective once delivery has been completed.
Deletion of the Account, at the Buyer's initiative or in the event of inactivity, will result in the deletion of all Account data saved on the Website. This deletion is effective immediately, but may take effect after a maximum period of 30 days, which is the time EDEN 1969 needs to delete all data concerning the Buyer.
As an exception to the foregoing, it is specified that data associated with the Account and/or the execution of the Contract may be archived for the duration indicated in the confidentiality policy available on the Website (in particular the duration of EDEN 1969's legal obligations and the legal duration of prescription for the establishment, exercise or defense of EDEN 1969's rights in court).
13.1 Intuitu personae: as the Contract has been entered into intuitu personae, the Buyer may not transfer or assign in any manner whatsoever all or part of its rights and obligations under the Contract.
13.2 Tolerance: the fact that one of the parties to this Contract does not at any time require strict performance by the other Party of any provision or condition of the Contract shall not be deemed to constitute a definitive waiver of such provision or condition.
13.3. Nullity of a clause: Should any clause of the Contract be null or inapplicable by virtue of a law or regulation or following an enforceable decision of a competent court or authority, the Parties expressly agree that the Contract shall not be affected by the nullity of the clause in question.
13.4. Applicable law and jurisdiction: the Contract is concluded in French and subject to French law.
In the event of a dispute between EDEN 1969 and the Buyer concerning the validity, execution, non-execution or interpretation of these General Conditions of Use or, more generally, the relationship between EDEN 1969 and the Buyer, the latter may :
- Send a complaint to EDEN 1969, who will reply in writing as soon as possible;
- Failing an amicable agreement, the Buyer will have the possibility of resorting to a mediation procedure or any other alternative dispute resolution method:
o Recourse to a mediation procedure: the Buyer may thus submit any dispute relating to the present General Terms and Conditions of Use and Sale opposing him/her to EDEN 1969 to the mediator designated below, who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
o To submit a request for mediation, the Buyer may use the complaint form available on the Mediator's website.
The Buyer is free to decide whether or not to resort to mediation. In the event of mediation, the parties are free to accept or refuse the solution proposed by the mediator.
o The Buyer is also informed that he may also use the European Union's Online Dispute Resolution platform (RLL) accessible via the following link:
- OR bring the matter before one of the competent courts. In particular, the Buyer may choose to bring the dispute before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, i.e. the court in the place where the Buyer resided at the time the contract was concluded or at the time the harmful event occurred.
You are expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal action.