General sales conditions
We are happy to welcome you to our website www.etam.com (hereinafter referred to as the “Website”).
These general terms and conditions of sale exclusively govern the sale of products displayed on the Site. They are systematically accessible on the Site by the Customer when registering the order.
Consequently, by placing an order, the Customer fully and unreservedly agrees to these general terms and conditions of sale to the exclusion of all other terms and conditions present in the prospectuses and catalogues issued by ETAM and particularly those in force in its stores.
Therefore, any contrary condition laid down by the Customer will be, unless expressly accepted, non-binding on ETAM whenever it is brought to its knowledge. The fact that ETAM does not avail itself at a given moment of any one of these general terms and conditions of sale cannot be interpreted as being equal to a subsequent waiver to avail itself of any one of the said conditions.
ETAM endeavours to ensure to its best ability that the information circulated on this Site is accurate and up to date, and reserves the right to correct the content at any time and without notice. If a condition should be at fault, it will be considered as being governed by French laws and practices in force with regard to distance selling.
ETAM LINGERIE SA with share capital of € 6.730.140
Head office 57/59 rue Henri Barbusse - 92110 Clichy - FRANCE
Nanterre Companies Register no. B 478 355 753
Tel : +184.108.40.206.70.70
Head of publication: Jonathan ATTALI
5 Wall Street, Burlington, MA 01803 USA
+1 (888) 553 9216
For any information, question or advice, the ETAM customer service is at the disposal of its Customers:
ARTICLE 1. PURPOSE
The purpose of these terms and conditions is, on the one hand, to inform any potential purchaser of the conditions and methods under which the company ETAM LINGERIE SA, (hereinafter referred to as "ETAM") as a vendor sells and delivers ETAM articles ordered on www.int.etam.com; and on the other hand to define the rights and obligations of the Parties for the sale of products by ETAM to all non-trader individuals, who are adults and have full legal capacity (hereinafter referred to as the "Customer"). They apply without restriction or reservation to all of the sales of products displayed by ETAM on the Site.
ARTICLE 2. PRODUCTS
Features of the products
The products offered for sale on line are those displayed on the Site. They are described and reproduced by ETAM on the Site with the greatest possible accuracy. The information given on the product sheet states the main features of the products (colors, description, composition, size), and their price inclusive of VAT. However, ETAM draws the attention of the Customer to the fact that the photographs cannot be a perfect depiction of the product offered for sale, particularly with regard to colors.
Differences can notably result from the color quality of the photographs, the difficulty of showing on the screen the rendering of the materials or, without however being exhaustive, the technical adaptation. These differences cannot be interpreted as conformity faults and result in the cancellation of the sale. If there is an obvious error or insignificant omission between the product's features and its representation and/or its description, ETAM cannot be held liable.
The products and prices are valid as long as they feature on the Site, within the limit of available stocks.
Availability of the products
The products are offered for sale within the limit of available stocks. Only products featured on the Site when they are viewed by the Customer are offered for sale. Therefore, during the placing of an order, the Customer is informed of the availability of the product selected. If a product is unavailable, ETAM agrees to inform the Customer as soon as possible by email and state, where applicable, the estimated waiting period for delivery of the product. The Customer can confirm the order or request a refund of the product on the basis of the billed price.
- The preparation and delivery costs will be reimbursed to the Customer if the latter confirms the cancellation of the entire order.
- The preparation and delivery costs will be charged to the Customer if the latter confirms the delivery of one or more other available products that are part of the same order.
ARTICLE 3. PRICES
Prices are stated in local currency depending on the country of residence of the Customer, VAT included but excluding preparation and delivery costs, as well as local taxes payable in the specific country of residence of the Customer which shall be borne exclusively by the latter. The stated prices include the VAT applicable on the day of the order. If the rate of VAT changes, it will be automatically added to the price of the products. The Customer is informed of the fixed amount of participation in the preparation and delivery costs on the note summarizing the order, and this, before validation of the latter.
Any order entails the acceptance of the prices and description of the products available for sale. Any dispute on this point will lead to a possible "refund" such as set out below.
At any time, ETAM reserves the right to modify the prices and descriptions of the products and particularly in the case of an increase in charges, rate of taxes, and/or in the event of an obvious typographical or entry error. However, the products will be billed on the basis of the prices in force at the time of registering the order, except for an obvious error. In fact, despite the vigilance of ETAM, it is possible price errors will occur on the Site and this, whatever the reason for it (computer bug, manual error, technical error, etc.). If orders are placed at erroneous or obviously derisory (very low) prices, they will be cancelled, even if they have been validated by ETAM's departments. ETAM will then inform each of its Customers concerned as soon as possible, in order that they can, if they want to, place the order again at the corrected and accurate price.
ARTICLE 4. ORDER / PAYMENT
Please refer to Global-E’s general terms and conditions
For any information, question or advice, the Global-e customer service is at the disposal of the Customers:
- By letter: 45 Leather Lane, London EC1N 7TJ United Kingdom
- By email: firstname.lastname@example.org
4.1 Customer number
All Customers must fill in the fields given, to create a Customer profile and to obtain his connection identifiers, which are personal. If these identifiers are lost or forgotten, ETAM must be informed as soon as possible by contacting the Web Customers Department.
In order to place an order, the Customer must complete a registration form and fill out the information required for his identification:
- Valid email address and password of his choice (confidential and personal) for identification of the Customer on the Site,
- Nominative data marked by an asterisk, compulsory and required for processing the invoices and delivery of orders.
It is important that the Customer fills out the form as accurately as possible in order to avoid any error or impact on the sending of ordered articles. The data registered on this Site are exclusively for ETAM or its partners in the case of express acceptance by the Customer under the conditions stated below.
However, any Customer may have the possibility to place an order without previously creating an account, by clicking on “Guest Checkout”. Then, hereunder conditions to validate the order and proceed with its payment will apply.
4.2 Registration of the order
Any Customer who wants to place an order selects his chosen product(s) by clicking on "Add to my cart". At the end of this step, a summary page corresponding to the purchase order appears on the screen, enabling the Customer to make all the changes then to validate by clicking on "Checkout".
To access the validation of the order, the Customer must read the general terms and conditions of sale of Global-E and expressly accept them by ticking the box provided for this purpose.
4.3 Validation of the order
The Customer guarantees ETAM that he has the necessary authorizations to use the payment method that he has chosen for his order, during registration of the order. The Customer, through the validation of his shopping cart, the summary purchase order and acceptance of the general terms and conditions of sale, agrees to move on to the order validation stage through payment. The price owed by the Customer is the amount stated on the summary purchase order, which the Customer has taken note of before validating his order. This validation equals the express acceptance of all of the transactions carried out on the Site.
Any order placed on the Site will be exclusively paid on line via one of the following bankcards: CB, Visa, Mastercard, Amex and all other methods authorized by Global-E.
The order is only processed after entering the bankcard number, its expiry date and the security code (three figures featured on the back of the bankcard) for the payment. This payment is finally validated by the bankcard EIG. The card is debited when the order is dispatched.
4.4 Acknowledgment of receipt of the order
The final validation of the order takes place after validation of the payment.
An email confirming the order and payment will be sent to the Customer confirming his registration with a summary of all of the information already provided.
ARTICLE 5. DELIVERY
Please refer to Global-E’s terms and conditions
ARTICLE 6. TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
Ownership of the articles purchased on the Site can only be transferred to the Customer after full payment of all of the sums due. The non-performance by the Customer of his payment obligations confers on ETAM or Global-E the right to demand the immediate return of the articles delivered, at the Customer's expense and risk.
ARTICLE 7. RIGHT OF WITHDRAWAL
Please refer to Global-E’s terms and conditions
ARTICLE 8. REFUND OF THE PRODUCT
Please refer to Global-E’s terms and conditions. Etam wishes to draw the attention of the Customer on the existence of a delay of 30 days from the date of order to return the products to Etam’s warehouse based in France. For more details please contact Global-e using this e-mail address: email@example.com
ARTICLE 9. WARRANTY
The products offered comply with the European Union rules in force. Therefore, each customer benefits from a legal guarantee on the Etam products applying for a 2-year period starting from the day of delivery of the concerned articles.
In the event of a default occurring within 6 months from delivery, it is probable that the concerned product was already defective when purchased. Beyond this 6 months period, the customer shall be responsible for proving that the default was already inherent when the product was delivered.
This legal guarantee of conformity applies irrespective of the existence of a commercial guarantee.
ARTICLE 10. LIABILITY
Despite the care taken over the Site, the photographs and text reproduced and illustrating the products presented, can sometimes include errors: the liability of ETAM cannot be incurred in the case of an error in one of the photographs or texts. If an article received does not comply with the one viewed on the Site, the Customer can exchange it and/or have it refunded according to Global-E’s terms and conditions.
Furthermore, ETAM cannot be held liable for non-performance of the contract concluded in the event of a:
- stock shortage or unavailability of the product,
- disturbance, total or partial strike, particularly the postal services and means of transport and/or communications, floods, fires, any force majeure event and any other unforeseeable event or one that is outside the control of ETAM.
Hypertext links may refer to websites other than this Site. ETAM accepts no liability in the event that the content of these websites contravenes the legal and regulatory provisions in force.
Lastly, ETAM accepts no liability:
- for any interruption in the Site, occurrence of bugs, damage resulting from a fraudulent intrusion of a third party having resulted in a modification of the information provided on the Site,
- for insubstantial errors relating to the products,
- for failure to reach the customer service and/or access the Site.
ARTICLE 11. INTELLECTUAL PROPERTY RIGHT
The Site is strictly reserved for personal use. In agreement with the laws governing literary and artistic rights or other related rights, this Site and all the elements featured on it are subject to copyright.
Unless otherwise stipulated, the marks, designs, logos, photographs, images, graphics, etc., found on this Site as well as their compilation are exclusively owned by ETAM.
ETAM stipulates that any reproduction, use or partial or total modification, of any element of the Site is strictly prohibited, except with the prior, special and express authorization of ETAM.
Consequently, ETAM may initiate proceedings, particularly for infringement, against those who, directly or indirectly, infringe on its rights.
ARTICLE 12. COMPLAINTS
For any question concerning an order already placed, the Customer may contact Global-E Web Customer Service through the "Contact Us" heading in order to directly ask his question.
In the case of a dispute, the Customer must note down the order number as well as the exact reason for the dispute.
Following the resolution of the problem and if a refund is necessary, this is made directly to the Customer's bank account.
ARTICLE 13. ETAM processes Customer’s personal data
in order to:
perform the agreement,
to inform the customers of upcoming news and events by sending newsletters,
to inform them about commercial offers and competitions.
In compliance with Regulation (UE) 2016/679 of April 27th, 2016 on data protection, the Customer has, at any time, the right of access, of rectification and erasure of personal data and also a right to object to data processing.
Each time the Customer visits the Site, he must not forget to disconnect from his profile in order to preserve the confidentiality of the data.
ETAM recalls that children not of full age are unable to enter into a contract. Consequently, orders intended for minors must be placed by the parental authority. In the event of the accidental collection of nominative data relating to a minor, the parental authority has the capacity to object to their conservation and/or to the transfer to third parties.
ARTICLE 14. TERM
These conditions apply throughout the term of the onlining of the products and services offered for sale by ETAM.
ARTICLE 15. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF SALE
Given possible changes to the Site, ETAM reserves the right to adapt or modify these general terms and conditions of sale at any time. The new general terms and conditions of sale will be, where applicable, brought to the attention of the Customer by an amendment on line and will be applicable solely to orders confirmed after the amendment.
ARTICLE 16. CONVENTION OF PROOF
The computer registers kept on the information systems of ETAM and of its partners under reasonable conditions of security will be considered as proof of communication, orders that have taken place between ETAM and the Customer.
ARTICLE 17. APPLICABLE LAW - DISPUTES
This contract is governed by French law.
For consumers who do not have their usual residence in France, any provisions more favorable and mandatory pursuant to the law of the country in which they have their habitual residence will apply.
In the event of any dispute concerning the application, execution and interpretation of these General Terms and Conditions, the French Courts will be exclusively competent.
According to the August 20th, 2015 disposition, any customer may use a consumption mediator service for free, in order to find an amicable solution to a dispute he may have with a professional. ETAM Group has chosen the mediation center MEDICYS 73 Bld de Clichy 75009 PARIS Tel 01.49.70.15.93 firstname.lastname@example.org / www.medicys.fr