Condition Générale de vente

GENERAL TERMS AND CONDITIONS OF SALE (“GTC” or “General Conditions”)

EFFECTIVE DATE: JANUARY 01, 2024

1. GENERAL PROVISIONS

These General Terms and Conditions govern the conditions under which the company EJE DESIGN ("EJE DESIGN" or "We"), SAS with capital of 10000€ registered with the RCS of Romans under number 934 424 763, whose registered office is located at 53 Grande rue, 26000-Valence and whose intra-community VAT number is FR00000, sells and any customer (hereinafter "You" or the "Customer") wishing to order and purchase EJE Design products (the "Product") through the French section of the website (the "Website").

Our T&Cs apply to any contract governing the sale of EJE DESIGN Products by the company EJE DESIGN via the Website (the “Contract”).

The sale of EJE DESIGN Products on the Website is only open to consumers, i.e. individuals and legal entities who act within the framework of their own consumption needs, and therefore for needs outside their trade, business, craft activity or profession and without profit motive. In the case of consumers who are individuals who have not reached the age of majority, You must confirm, before placing an order, that your parent or legal guardian agrees with the purchase.

When registering, ordering or making a purchase on the Website, You will be asked to accept our Terms and Conditions and the Website Terms of Use. These are the terms on which we supply EJE DESIGN Products to You. Please read these terms carefully before submitting your order to us on the Website. These terms tell you who we are, how we will provide the products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not agree with any of the provisions of these terms and conditions, the privacy policy or the terms of use, please do not place an order on the Website. We encourage you to read these documents carefully before making a purchase, and to keep a copy by downloading or printing them.

We reserve the right to modify or update all or part of our General Conditions at any time. In the event of modification, we will publish on the Website the revised version of our General Conditions and will indicate the date of the last revision at the end of the General Conditions. The Contract binding us will be subject to the provisions of the General Conditions in their version applicable on the day of the order.

Our General Conditions must be read and are complementary to our privacy policy and our cookie policy. The latter are available at the following address www.eje-design.com/conditions-generales and www.eje-design.com/politique-de-confidentialite . It tells you how we use your personal data. Indeed, when you place your order, you provide us with personal nominative data that we collect in order to process it electronically. For more information on this subject, we invite you to consult our data processing policy which you can consult here.

2. PRODUCT INFORMATION AND AVAILABILITY

Information about our Products and their prices are available on the Website.

The images of the Products displayed on the Website are published for illustration purposes and have no contractual value. Thus, although EJE DESIGN makes its best efforts to present the products with the greatest precision, we cannot guarantee that the images of the products correspond exactly to the appearance of our Products. In particular, the colors, materials, shades, grain, or texture of the Products displayed on your screen may differ from those of the actual Product. Thus, you must rely exclusively on the description of the products and their characteristics as mentioned on the Website.

EJE DESIGN reserves the right, at its sole discretion, to limit the quantities and/or types of products available on the site per person or per order or to cancel orders placed in whole or in part. These restrictions may include orders placed by or under the same account, with the same payment method and/or orders that use the same billing and/or shipping address.

EJE DESIGN may modify a Product or discontinue the marketing of a Product as described on the Website at any time and without notice, without this affecting orders already confirmed. During the purchase process, We will inform You if your order cannot be processed in whole or in part, due to the unavailability of one or more Product(s) ordered. In the event that one or more Product(s) ordered proves to be unavailable, your order will then be cancelled in whole or in part and You will only have to pay the price of the available products.

If your connection to the site fails, if you refuse cookies or if you lose your connection to the Website, your selection of Products may be lost. In this case, you will have to re-enter your selection. Please note that the Product(s) placed in your basket would not be a reservation of the said Product(s). Thus, they can be purchased by other consumers. Under no circumstances will the Website or EJE DESIGN be held responsible for the unavailability of a Product following a failure or loss of your connection to the Website.

3. PRICE

The prices of the products are indicated on the Website in Euro and include VAT, sales taxes or other applicable taxes. These prices do not include delivery costs which will be added to the price of the Product and will be communicated to you during the order process and before the validation of your order. These prices do not include any customs duties or local taxes in the country of delivery of the Product(s). These duties or taxes must be paid by the Customer.

EJE DESIGN uses its best efforts to ensure that all prices displayed on the Website are correct. However, it may happen that an error occurs and the prices of the Products are not correctly displayed (incorrect price or typographical error in the price indicated). If this were the case, We would cancel your order and the Contract between us would be cancelled.

EJE DESIGN reserves the right to modify the price of the Products at any time and without notice. These modifications will not apply to Products for which You have already placed and confirmed the order.

4. PLACING AN ORDER – FORMATION OF THE CONTRACT

To place an order on the Website, you will be asked to create a customer account and provide certain personal information about yourself. When creating your customer account, you will be required to confirm that you accept our privacy policy.

To purchase one or more Product(s) on the Website, You must follow the instructions available during the online purchasing process, namely:

You will need to select the Product(s) that interest you, choose the size (if several sizes exist), the color (if several colors are available), and the quantity of products desired. Regarding the choice of color, only white and black are considered standard colors and therefore not personalized.
You then have the possibility to personalize the selected Product(s) with the choice of the desired color for the Product or by choosing the desired finish (for example by choosing the type of precious or semi-precious stones for the finish or even its appearance)
You will need to include the selected Product(s) in your shopping cart by clicking “Add to Cart”.
You will need to create, if this has not already been done, a Customer account with your personal information, namely Title, Last Name, First Name, Billing Address, Delivery Address, Email, and Telephone. This customer account will allow you to automatically complete the order form.
You will need to select your payment method,
You will have to accept these General Conditions and the CGU,
You will be asked to confirm your order. You will then have the opportunity to review your selection and the selected features and quantities desired. You will have the opportunity to check the total price and amend any errors.
By placing the Order, you agree to pay the price of the Product(s) ordered.
You acknowledge that once the order is placed, the contract will be formed. We will then send you an email to confirm your order, the title of which will be "Confirmation of your order". Without prejudice to the foregoing, we reserve the right to cancel your order and immediately terminate the Contract, in whole or in part, without liability on our part to you and for a legitimate reason. This legitimate reason may be:
- In the event of failure to obtain payment authorization,
- In the event of activities reported or suspected to be fraudulent, illegal or unauthorized, including purchases suspected of being made for commercial purposes.
- In case of delivery to an unauthorized delivery location.

In such cases, we will send you an Email to inform you of the cancellation of your order and the termination of the contract.

Your order confirmation will include the order number and all information required by applicable regulations, including in particular essential information on the Product(s) purchased, the price and the delivery address. The details of your order will be available in your customer account.
Upon receipt of the order confirmation, you will no longer be able to cancel or modify your order without prejudice to your rights cited in articles 9 and 11 of these T&Cs.

5. PAYMENT

You must pay the price of the Product(s) including applicable VAT, sales taxes and other taxes), the cost of any additional services ordered (for example, costs relating to the customization of the Product(s)) and all delivery costs associated with the order.

In order to make the payment, we offer you payment methods such as Adyen or Paypal for which you will have to accept the general conditions of the payment provider concerned. The said General Conditions will be available by clicking on the link provided before you confirm your order. We accept payment in the currency applicable in the country of order, i.e. the country of the Website used. EJE DESIGN and the Website assume no responsibility for the use of the payment method concerned. These will not necessarily be available for all purchases and it is the sole responsibility of the payment provider to determine whether or not you are eligible to use the payment method.

EJE DESIGN will not debit the amount of your order until the order for the Product(s) is confirmed.

If your payment cannot be made for any reason, We will cancel your order and the Contract will be terminated immediately, without our liability being called into question in this regard. This cancellation will then be notified to You by email.

Any fees that may be applied by your card issuer, i.e. your bank or any other payment institution, following the processing of your payment will be and remain your responsibility.

For any confirmed order of Products, We will issue an electronic invoice. In accordance with these General Conditions, this method of invoicing is accepted by you. The electronic invoice will be established on the basis of the information you provided at the time of placing the order. No modification of the electronic invoice is possible once it has been issued.

6. PRE-ORDERED PRODUCTS

As part of the creation of a limited series product, it is possible that We may offer You to pre-order certain Products that are not yet available for sale on the Website or from our distribution partners (the "Pre-ordered Products"). As part of the order of a Pre-ordered Product, we inform You that the thirty (30) day period referred to in Article 7 paragraph 4 will only apply from the day on which we notify You that the Pre-ordered Product is validated and that the production of your order will begin. Indeed, each of our limited series offers being produced on demand and according to the characteristics of the pre-order, the day of validation by our services will be considered the order day. This change of status will be materialized by sending an email to the customer and the thirty (30) day period will then begin.

In the context of Pre-ordered Products, We inform You that payment is made on the day the Pre-ordered Product is reserved. It can only be refunded if the Pre-order or Order is cancelled within 30 days from the date the order confirmation email was sent.

7. SHIPPING, DELIVERY AND COLLECTION

Products ordered on the French Website can be delivered exclusively within the European Economic Area. Overseas territories DOM and TOM are not included.

The Products ordered are delivered by a delivery service selected by us (the "Carrier"). In order to carry out this delivery, the personal data concerning You necessary for the completion of said delivery will then be communicated to it. The Product(s) will be delivered to the address indicated on the order or to a relay point selected by you and offering a "Pick-up in Store" service. We are not responsible in the event of difficulty linked to incomplete or incorrect information regarding your delivery address. Please note that we will not accept delivery to a PO box, or to a transport intermediary or to a hotel. However, we may exceptionally agree to deliver to a hotel but subject to our express prior agreement.

The Product(s) ordered will only be shipped after we have received your full payment. In the event that we have not received payment in full, we may be required to delay or cancel the shipment without our liability being incurred.

EJE DESIGN will make its best efforts to deliver the Product(s) purchased within the estimated timeframes. These will be communicated to You during the ordering process and in any event no later than sixty (60) days from the date of confirmation of the order, except for personalized orders which, depending on the complexity of the production, may have a longer production time, or in the event of force majeure.

EJE DESIGN will send you an email to inform you of the shipment of your order, the title of which will be "Confirmation of the shipment of your order". Without prejudice to the application of the provisions of Article L.216-6 of the Consumer Code, in the event that delivery has not taken place within sixty (60) days following the confirmation of the order, you will have the right to notify us of the suspension of payment of all or part of the price of the order until delivery of the Product(s), and this under the conditions of Articles 1219 and 1220 of the Civil Code, or to request a delivery date. In the event that the latter cannot be respected, you may terminate the contract and We will then reimburse You for all sums paid under the contract within fourteen (14) days from the date on which You informed Us of your wish to terminate the contract.

Upon delivery of the Order of the Product(s), We invite You, or the person designated by You, to:

Check that the number of packages delivered corresponds to what is indicated on the delivery note;
Check that the package(s) and their packaging are intact, not damaged, not wet or altered in any way.

Any claim relating to damage to the package or errors in the number of packages delivered must be notified as soon as possible in accordance with applicable regulations.

You will be able to track the status of Your order by clicking on the link included in the order confirmation or by going to your customer area available on the Website.

8. TRANSFER OF RISKS AND OWNERSHIP

The ownership of the Product(s) of Your order is reserved for EJE DESIGN until full payment of the price of the Product(s) ordered. The ownership of the Product ordered is therefore transferred to You on the day on which full payment of the Price has been made by You and collected by EJE DESIGN.

The risks of loss, damage or destruction of the Product are therefore transferred to You when You or the person designated by You other than the carrier, takes physical possession of the products at the delivery address provided.

9. RIGHT OF WITHDRAWAL AND RETURNS

You have the right to withdraw from your purchase within fourteen (14) days if you change your mind from the date on which You or the person designated by You, takes physical possession of the Product.

As provided for by the applicable regulations, the right of withdrawal does not apply to the personalized Product and any other product identified on the Website as a non-returnable Product ("Non-Returnable Product") prior to your order. This also applies to products manufactured in limited series. Without prejudice to your rights referred to in Article 11 of these General Conditions.

To cancel your order, you must inform Us (EJE DESIGN, address) of your clear and unreserved decision to withdraw from the contract:

Either by sending us an email to support@eje-design.com ,
Either by sending us a registered letter with acknowledgment of receipt to EJE DESIGN, address,
Either online in your Customer Area.

For this purpose, you can use the Withdrawal Form template available at the end of these General Conditions.

In the event that You wish to notify Us of Your wish to withdraw from Your order, We will reimburse You for all sums paid by You, including delivery costs as soon as possible and no later than fourteen (14) days from the date of receipt of Your request to withdraw from the contract. We specify that We do not reimburse delivery costs. The return costs are therefore at Your expense.

The return of the Product must be made as soon as possible and in accordance with the return instructions provided to You and no later than fourteen (14) days from the date of physical receipt of the Product by You or the person designated by You.

We inform you that in the event of a return, you will have to bear the costs of returning the Product.

The Product must be returned in its original condition, undamaged or damaged, with tags, accessories and documents (including the instruction booklet, certificate of authenticity) and protective cover. All returns must be accompanied by the original invoice and be returned in their original packaging. Please note that all returns and exchanges are subject to a quality control process before being accepted. Any product personalized at the customer's request or showing signs of wear, damage or alteration or whose security label, if any, has been removed, will not be accepted for return. You may be held liable for any depreciation in the value of the product due to handling not in accordance with the preservation of the quality, characteristics and, where applicable, the proper functioning of the products.

In the event that a returned Product does not meet the return conditions indicated above, We will return this Product to You at the address that You indicated to us when placing your order. This return will take place within fourteen (14) days from the date on which We informed You of the rejection of the returned products. This period applies except in cases of force majeure, events beyond our reasonable control or any unforeseeable circumstance. We inform you that in the event of a non-compliant return, You will have to bear the cost of reshipping the Product.

If the return of the Product in store is available, You will also have the possibility of returning the Product ordered on the Website to one of our stores listed on the Website at the following address: https://www.eje-design.com/partenaires and this during the period indicated in this article above.

You will be refunded for returned and accepted products.

10. EXCHANGES OF PRODUCTS

Without prejudice to the rights set out in Articles 9 and 11 of these General Conditions, and with the exception of non-returnable products, we accept exchanges of products purchased on the Website for a period of fourteen (14) days from the date of delivery. We only accept the exchange of a product for another product of the same price, the same color and a different size.

We reserve the right not to accept the return and to reject the request for exchange of the Product at our sole discretion or if the returned product does not meet the conditions set out above in Article 9.

Exchanges are also subject to the availability of the desired new product. Products can only be exchanged once.

We inform you that all costs of any nature whatsoever that may be applicable as a result of the exercise of your exchange request, including but not limited to delivery costs incurred for the return and sending of the new product, will be your sole responsibility unless the Product is considered defective or non-compliant.

11. DEFECTS OF CONFORMITY – MANUFACTURING DEFECTS

As a consumer (i.e. any person acting for purposes that are not part of their professional activity), you benefit from the legal guarantee of conformity, of all products sold through the Website (articles L217-1 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code), allowing you to return products delivered that are non-compliant or defective. The guarantor of the conformity of the products that you have ordered on the Website under the aforementioned legal guarantees is EJE DESIGN, a simplified public limited company with capital of xxx euros having its registered office at xxx and registered in the Trade and Companies Register of xxx under number xxx.

In this respect, we inform you that you have a period of two (2) years from the delivery or collection of the product to assert your legal guarantee of conformity. If applicable, you can choose between repair or replacement of the product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code. The legal guarantee of conformity applies independently of our commercial guarantee. For your complete information, we remind you below of the main legal provisions regarding the guarantee of conformity and the guarantee against hidden defects: - Article L217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility

- Article L217-5 of the Consumer Code: The good conforms to the contract: 1. If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labeling; 2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. - Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. - Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.

- Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lower price for it, if he had known of them. - Article 1648, paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

If You decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, You will have the choice and in accordance with Article 1644 of the Civil Code, you will have the choice between the resolution of the sale or a reduction in the sale price. In the event that You consider that a delivered product is defective, that it does not correspond to its description or is incomplete, we invite you to immediately contact our customer service by calling +33XXXXXXX) or by sending an email to support@eje-design.com. Any damage, alteration or modification of the Product caused by you excludes the qualification of lack of conformity. Please be advised that, in particular, all damage caused by improper use or use, shock or normal wear and tear, direct exposure to light or heat from the sun, fire, water or any other liquid, food, any abrasive surface, or failure to follow instructions are not considered to be defects in conformity, without this list being exhaustive. Please note that variations in texture, natural marks or irregularities in natural products such as, without this list being exhaustive, stones, gold, silver, leather, wood do not constitute defects.

12. RESPONSIBILITY

None of the General Conditions set out in this document are of a nature to exclude or limit our liability in respect of:

Personal injury or death resulting from our negligence;
Fraud or fraudulent misrepresentation;
Breach of any obligation arising from applicable consumer protection law;
Or any other cause of liability that We cannot limit or exclude under applicable law.

Subject to the foregoing, we remain liable for damages caused by a failure on our part to fulfil our obligations under the General Conditions, with the exception of delays or failures which would be the consequence of a case of force majeure or an element beyond our control or beyond our control.

13. GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY

EJE DESIGN guarantees the authenticity of all products sold on the Website.

All products purchased through the Website are accompanied by our certificate of authenticity issued by EJE DESIGN which will be given to you with the Product.

The trademarks of EJE DESIGN, whether or not figurative, service marks, brand names, logos used on the Website or on the products, accompanying accessories, registered or unregistered packaging, documentation, as well as all photographs, illustrations, images relating to the products or the company, trade or non-trade names, domain names and URLs remain the exclusive property of the company EJE DESIGN, a simplified public limited company with capital of xxx euros having its registered office at xxx and registered in the Trade and Companies Register of xxx under number xxx and are protected by applicable laws relating to copyright, trademarks or other intellectual property laws throughout the world. EJE DESIGN expressly reserves all these rights.

14. PROMOTIONS AND SPECIAL OFFERS

EJE DESIGN may occasionally offer You promotions and/or special offers (the "Event" or "Events") on the Website. The conditions of these Events will be specified on the Website from the beginning of these Events until their end. Events cannot be combined with other Events. In order to benefit from the Event, You must place an order within the time specified on the Website. In order to be applicable, the promotional code must be entered before confirming your order.

EJE DESIGN reserves the right to refuse You the benefit of the Event concerned if We consider with just cause that You are acting fraudulently for example.

15. CUSTOMIZABLE PRODUCTS

Our personalized or limited series products are manufactured on demand according to your specifications (customization of the Product), You are invited to carefully check the options and choices made before confirming your order. Once your payment has been made, the choices and options of the requested product will be reproduced as is and cannot be subject to modifications.

We remind you that the right of withdrawal does not apply to personalized products or products produced in limited series, as stipulated in article 9.

Knowing that personalized products must not include content that infringes the copyright of the company or a third party, that infringes any other right, such as the ownership of a brand, of any third party or any commitment to a third party, such as a confidentiality commitment, that infringes any applicable law including and this list is not limited to any criminal law or any illicit representation or contrary to the image of the company EJE DESIGN, which is of a false, misleading, harmful, offensive, abusive, threatening or defamatory nature, that misrepresents the identity or usurps the identity of a person, a company or a brand, that contains personal data about another person, such as without this list being limited to their address, telephone number or email address except with the written approval of this person that you must then provide us, or that contains pornographic, obscene, indecent or offensive, which promotes discrimination based on gender, race, religion, nationality, disability, sexual orientation or which may incite hatred or violence against any person, which is likely to constitute harassment or cause unnecessary annoyance, inconvenience or distress to any person, company or brand, which encourages or advocates any unlawful act or which may have a negative impact on our brand or our company.

For any order that does not comply with the conditions set out in this article, We reserve the right to refuse your order without You being able to claim any compensation.

16. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Conditions and consequently the contract(s) concluded with You will be governed and interpreted in accordance with French law.

Any dispute relating to the General Conditions and the contract will be submitted to the jurisdiction of the competent court of Paris.

Please be aware that you have the possibility to access, for an out-of-court resolution which could not be resolved between you and us, the European online dispute resolution platform provided by the European Commission and available at the following address https://ec.europa.eu/odr .

In accordance with the provisions of the Consumer Code relating to the amicable settlement of disputes, we have designated the Paris Mediation and Arbitration Center as consumer mediator. Thus, after a written complaint addressed to our customer service at xxx@xxx.com, you can contact the Paris Mediation and Arbitration Center via the form available on their website at www.mediateur-conso.fr or by email at consommation@cmap.fr or by mail to CMAP – Consumer Mediation Service, 39 avenue Franklin D Roosevelt, 75008-Paris.

Please note that your dispute may only be examined by the consumer mediator if you have already attempted to resolve the dispute with our customer service by means of a written complaint in accordance with the terms set out in the contract, if your request is not unfounded or abusive and if your request is not already being examined by another mediator or court, that your request has been submitted to the mediator within one (1) year of your written complaint to our customer service and that finally your dispute falls within the jurisdiction of the consumer mediator.

17. CONTACT US

For further information and assistance regarding the use of the Website, you may contact us by sending an email to support@eje-design.com or via the customer service contact form on the Website.

Any notification under the General Conditions and contracts will be made only in writing.

MODEL WITHDRAWAL/CANCELLATION FORM

(TO BE COMPLETED AND RETURNED IF YOU WISH TO EXERCISE YOUR RIGHT OF WITHDRAWAL)

A EJE DESIGN, Customer Service, address

I hereby notify you of my wish to withdraw from the contract for the sale of the goods ordered on XX/XX/XXX by:

Customer Name:

Customer address:

Customer Signature

These general conditions are in effect from January 1, 2024.