Terms & Conditions

Introduction

The Eakan company (hereinafter referred to as “Eakan”) sells items of the Eakan brand in France, along with its network of retailers, a remote sales system (online) for its products.

The online system, which requires an active approach on the part of the customer, is in line with standard requirements for distance selling and, particularly, articles L. 111-1, L. 113-3 and L. 121-18, following of the Consumer Code.

The use of the distance selling process described in these Terms & Conditions are reserved to consumers only, under the law and jurisprudence, acting exclusively for their own account and residing in the following countries: France.

Article 1: Scope

These terms & conditions are applicable to all sales of Eakan items concluded via the Eakan website, available on www.eakanjoaillerie.com, for delivery in France.

The customer agrees that they have read the Terms & Conditions before placing their order. The confirmation of the order will be regarded as acceptance without restriction or reservation of our Terms & Conditions.

In accordance with the provisions of Article 1127-1 of the French Civil Code, the Terms & Conditions may be kept by any person visiting the website www.eakanjoaillerie.com after online registration, and may also be printed as a hard copy; these Terms & Conditions will be applicable as long as they appear on the website www.eakanjoaillerie.com. In the event that the Terms & Conditions remain available to the public via other Internet sites once taken down by www.eakanjoaillerie.com, the company will no longer be held liable to them.

2. Identity of the service provider

Eakan

A simplified joint-stock company with a share capital of €10 000.00

Registered at the Cannes Trade and Companies Register under number 893 194 530

Registered address: 7, rue Tony Allard, CANNES, France.

3: Product details

For further information about Eakan products, refer to www.eakanjoaillerie.com for a list with references, or visit any of the Eakan retailers.

This information meets the requirements of laws and regulations in force, namely by provisions L. 111-1 and L. 113-3 of the Consumer Code and the Ministerial Decree of 3 December 1987 “on consumer information on prices”.

4. Placing orders

4.1 Online purchases

Orders can be placed through the online store on the company’s website, www.eakanjoaillerie.com. The customer will bear the cost of telecommunications for internet access and the use of www.eakanjoaillerie.com

Photographs, graphics and descriptions of the products offered for sale are indicative only and are not binding to Eakan. Should there be an error mismatching product characteristics and their representation, Eakan will not be held liable.

In order to buy a product on their first order, the customer will be required to open an account and fill out an order form with mandatory fields. This allows Eakan to process the customer’s selection in the production process.

Should the customer’s internet browser freeze during the order process, the availability of the desired product is no longer guaranteed. The client is likely to be asked to restart the ordering process.

The sales break down will be specified on www.eakanjoaillerie.com in accordance with the provisions of article 1369-1 of the civil Code.

In application of the provisions of Article 1369-2 of the Civil Code, the customer will have the opportunity, before finalizing their order, to check the order details and total price, as well as to correct any errors before confirming the purchase. Once the order is confirmed, Eakan will acknowledge receipt thereof electronically, without delay.

However, the sale will be considered definitive only after the client receives a confirmation of purchase from Eakan, with details regarding shipment of the order. Only shipped items will be charged with transport costs.

4.2 Purchase refusal

As per Article L.122 1 of the Consumer Code, Eakan may reserve the right to refuse any order deemed abnormal or made in bad faith.

In addition, Eakan shall be entitled to refuse any order from a customer with whom the company has a dispute over payment delays from a previous order.

5: Our Prices

Eakan’s listed prices include all taxes. Shipping is charged separately.

The price including VAT of each item ordered, as well as shipping costs will be listed before purchase, then requiring validation of the Order by the Buyer.

As per article L.121 19 of the Consumer Code, the customer will receive written confirmation of the price details per item and shipping costs charged to the buyer.

6: Terms of Payment

Payment of the customer’s purchases is made by Paypal or credit card: CB cards, Visa, Eurocard / Mastercard drawn from accounts bound to the French territory.

The customer’s credit card is charged as soon as the online purchase is confirmed.

For this purpose the customer guarantees to Eakan that they own the credit card and that the name on the charged card will be communicates in a secure environment on the Internet: the number and the expiration date, appearance of the credit card, and if necessary the CVV number appearing on the back of the credit card.

In an effort to combat Internet fraud, control will be carried out online with the institutions and banking agencies, questioned via the system of Group C.I.C. The latter will be responsible for the storage and automated processing of personal information, including credit card details in a secure environment.

In accordance with Act n° 6 of January 1978th 1978 on Data Processing, Data Files and Individual Liberties, the Customer has a right of access, rectification and opposition to all personal data collected at any time by writing a letter and sending it via courier, along with proof of identity, to Eakan sas, 7, rue Tony Allard, CANNES, France.

In the event where, for any reason (opposition, refusal of the transmitting Center…), the customer’s debt remains unresolved, the sale by phone would be immediately resolved, and the process of buying on the Internet cancelled.

The provisions of article 1341 of the Civil Code are not applicable to Eakan’s remote sales.

7: Delivery terms

Subject to the provisions of paragraph below, the delivery of items must be made to the client’s home address in France.

The customer may also present another physical address with a trusted partner in France implemented by the Eakan company gift.

It is understood that no delivery can be done to hotels, business addresses or PO boxes.

Delivery of the items will be made, after purchase payment has been recorded on the customer’s account with Eakan. In accordance with the provisions of Article L.121-20-3 of the Consumer Code, delivery of the ordered items will occur no later than 30 days from the day following the order. Failure to respect the deadline will lead to Eakan absorbing the full cost of the customer’s order.

Items in stock will be shipped within 5 working days. Items not available in stock will be shipped within a maximum of 2 weeks. Finally, personalized items will be shipped within a maximum of 4 weeks.

Shipment fees are offered for a delivery in Metropolitan France

Eakan will deliver items ordered by express delivery. Time delay between order and delivery are indicated as guideline for the potential customer. Please note that FedEx may request to provide the Employer Identification Number (EIN) or the Social Security Number (SSN).

If, during delivery, the external appearance of the package is not perfect, the customer will proceed to its opening in the presence of the carrier to check the condition of the item. In case of damage to the item, the customer will detail precisely on the delivery note, the provisions of Article 11 below remaining applicable.

8 Satisfaction and refunds – right of withdrawal and return of items

Eakan understands that dissatisfied customers can exercise the right of withdrawal provided for in Article L.121-1 of the Consumer Code under the best conditions. Please note that personalised Eakan items (special order or engraved jewel) cannot be returned or exchanged.

The customer has 14 days after delivery of their order to retract. Before expiry of this cool down period, the client must send a declaration of withdrawal by mail or email

Therefore, the customer must return the items within 14 days of the date of withdrawal, in their original packaging, in their original state (nine), complete (accessories, notice…), accompanied by the return voucher (provided by a simple e-mail to contact@eakanjoaillerie.com) carefully filled in, a copy of the declaration of withdrawal and a copy of the invoice to the following address: Eakan, 7, rue Tony Allard, CANNES, France.

The client is expected to preserve evidence of this return, which means that items must be returned by registered mail, or by any other means with a registered date, cost and risk of return to the customer.

Returned item refunds will be made to the invoice price, depending on the method of payment of the items, by direct debit to the customer’s bank account corresponding to the credit card used for payment, within thirty days of the return, by Eakan.

It is specified that, through the use of the gift Service, the right of withdrawal is for the exclusive benefit of the customer and can in no case be exercised by the person receiving the gift.

Items returned incomplete, damaged or soiled by the customer will not be refunded.

9: Product Exchange

Eakan wishes to offer its customers the opportunity to exchange the items delivered under the conditions described below. Please note that personalised Eakan items (special order or engraved jewel) cannot be exchanged.

It is specified that in the context of a Gift Service order, the exchange option may not be exercised by the recipient of the gift but only by the purchasing party for the product.

The customer may, at his discretion, within thirty days after the delivery date:
– Exchange the product from a remote position In this case, the customer must return the items delivered in their original packaging, complete (accessories, instructions …) and accompanied by the carefully returned return form and a copy of the invoice, to the following address : Eakan, 7 rue Tony Allard, 06400 Cannes

The client is expected to preserve evidence of this return, which means that items must be returned by registered mail, or by any other means with a registered date, cost and risk of return to the customer. The delivery of a replacement will only be done once Eakan has received the returned product.

Incomplete, damaged, or worn items will not be exchanged.

Any successful exchange will be considered a final sale. Payment of the new sale will be made by compensation with the amount of the previous sale, it being understood that any overpayment will be the subject of a credit in favor of the customer, a credit on the customer’s credit card or the customer’s bank, to be confirmed with the Customer Care department.

Exchanges through the CustomerCare department will be subject to general Terms & Conditions of sale.

10: Quality control & Warranty

The customer must ensure that items were delivered to match their order. Should the client receive a package that does not match their order, they must inform the Eakan Customer Care Department by telephone and return the articles in question under the conditions set out in article 8 of these terms & conditions of sale.

Notwithstanding the specific warranty conditions given to the customer with the item delivered, Eakan items are subject to the warranty conditions provided by law.

Refer to articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and articles 1641 and 1648, first paragraph, of the Civil Code:

“Article L.211-4 of the Consumer Code: the seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the seller is held liable by the contract or where these actions were carried out under the seller’s responsibility. “Article L 211-5 of the French Consumer Code

For the contract to be valid, the goods must:
1 Be suitable for its intended purpose and, if applicable:
– match the description given by the trader and possess the qualities that were presented to the buyer in the form of a sample or model;
– have the characteristics that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

2 Or present characteristics defined by a common agreement by the parties or be fit for any specialized usage sought by the buyer, of which the seller has been informed and which he has accepted.

« Article 211-12 : The observation of latent defects must be brought by the purchaser to the seller within two years of the discovery of the defect.

Article 1641 of the Civil Code : “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which impairs it so that the buyer would not have acquired it, or would only have paid a lesser price for it, had they been aware of them.

“Article 1648 of the Civil Code, first paragraph: the action resulting from the lack of conformity on a product is valid within two years from the delivery of the product.”

The repairs of the product’s defect – once proven – will be done with jurisprudence:
– either the article will be repaired for free, including labor costs,
– or it will be replaced in part or in total, or refunded should the item be completely unusable
– the client might be compensated for personal damages due to the item’s defects.

11 Complaints – information

For any information, complaint or question about the online sales terms & Conditions put in place by Eakan or about the items themselves, customers will have to contact the e-Commerce Service by e-mail: contact@eakanjoaillerie.com with their order number as needed.

12 Electronic files – personal data protection

Eakan has built an electronic database that lists some of its clients’ personal data. When a new customer places an order on www.eakanjoaillerie.com, this database will be updated with information about them, which will allow the company to better meet the customer’s expectations and facilitate the assistance services provided by the E-commerce service. This database was subject to a statement, in accordance with the provisions required by the law “IT and freedoms” n ° 78-17 of January 6 1978, modified by the law n ° 2004-801 of 6 August 2004.

Should the client consent to communicate individual data of a personal nature, they would then have the individual right of access, rectification and withdrawal provided by law and may in this respect have them deleted where the information no longer applies to them. This must be done through a request in writing to the company Eakan, at the address referred to in the previous article.

While creating their online account, customers are able to choose whether they wish to receive offers from Eakan, or be informed of specific operations via e-mail. Should a customer no longer desire to be on our mailing list, they may at any time make the request by clicking on an e-mail link available on emails to that effect, or by changing their account directly on www.eakanjoaillerie.com.

Article 13 Intellectual property rights

Eakan, along with all its derivative brand, including but not limited by other figurative brands, illustrations, images and logotypes appearing on articles Eakan, their accessories or their packages, whether they are deposed or not, are and will remain the exclusive property of the company Any complete or partial reproduction, modification or use of brands, illustrations, images, logos and elements for any reason and on any medium whatsoever, without ECAB’s express prior consent is strictly prohibited. The same applies for any combination or conjunction with any other brand, symbol, logotype, and more generally any distinctive sign intended to form a composite logo. This will also apply to all copyright, designs and patents that are owned by the company.

14 – Dire circumstances

Execution by the company Eakan of all or part of its obligations will be suspended in the event of the occurrence of a case of force majeure or a fortuitous event that might delay the execution. These circumstances include but are not limited to war, riots, insurrection, social unrest, strikes of any nature and supply issues for Eakan.

Should dire circumstances arise, Eakan will inform the customer within seven days of their occurrence. Should this suspension continue beyond a period of fifteen days, the customer would then have the opportunity to cancel the pending order, and would then be refunded under the conditions set out in article 8 of the Terms & Conditions.

15 – Legal disputes

The Terms & Conditions of sale are subject to French Law.

In case of difficulties arising around orders or deliveries of Eakan products, the customer is encouraged, before any legal action, seek an amicable solution, especially with the help of a consumer association or any other counsel of their choice.

Any dispute likely to result from the interpretation or execution of the Terms & Conditions or their amendments will be subject to the exclusive jurisdiction by the French courts.

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