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By validating my order, I declare that I have read and accepted without reservation the General Terms and Conditions of Sale.
General sales conditions
Introduction
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.
SITE PUBLISHER
ETAM LINGERIE SA with share capital of € 6.730.140Head office 57/59 rue Henri Barbusse - 92110 Clichy - FRANCENanterre Companies Register no. B 478 355 753Tel : +33.1.55.90.70.70
Head of publication: Jonathan ATTALI
SITE HOST
Demandware5 Wall Street, Burlington, MA 01803 USA+1 (888) 553 9216
Customer Services
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.
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
ETAM referred with Global-e, a third party service acting as a seller-on-record, which provides to buy and ship ETAM products to over 100 destinations worldwide. When the Customer buys from Global-e, he will notice that his payment method is charged by **Global-e// ETAM**, and the purchase is subject to Global-e’s Terms and Conditions and Privacy Policy, which will be clearly presented in checkout before you place the order.For any information, question or advice, the Global-e customer service is at the disposal of the Customers:
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:
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
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: service@global-e.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:
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. If you want to make a complain, you can use the the following link: https://ec.europa.eu/consumers/odr. The Online Dispute Resolution (ODR) Platform is provided by the European Commission to help us resolve disputes without going to court.
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.
To be able to exercise these rights, the Customer simply needs to make a request, providing its personal information and a copy of its identity card, to the following e-mail adress:privacy@etam.com The Site is also designed to be particularly attentive to the needs of its Customers. This is the reason why ETAM uses cookies. The purpose of the cookies is to show that the Customer is using the Site. Therefore, cookies are only used by the Site, affiliates and Global-E for the purpose of improving the personalized service, which is intended for the Customer.
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. To know more about Personnal Data processing and about cookies, the Customer can refer to our Privacy Policy.
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 contact@medicys.fr / www.medicys.fr
I acknowledge that I have read and accept the Privacy Policy.
This Policy (the "Policy") details the policy of Etam Lingerie SA and Etam SCE SAS, subsidiaries of the Etam Group, and/or its affiliates (hereinafter "we", "our", "Etam") in relation to personal data and cookies. The purpose of this Policy is to inform you of the conditions under which Etam collects your personal data, the reasons why it collects your data, the use made of it and your respective rights. It applies to all information provided by you or collected by Etam during your interaction with us.
As controller, Etam attaches great importance to the protection of and respect for your privacy. As this is an important subject, we invite you to read the entire Policy carefully to learn and understand how we process your personal data. This Policy lays down the rules for the personal data of all our actual and potential customers, regardless of the channel in which it is collected.
When we refer to our Platform, we refer in particular to one of the digital and/or physical channels and/or media you can use to interact with us via the website www.etam.com (the "Site"), mobile application, physical Etam stores or by mail or telephone.
When using our Platform, Etam may be required to process personal data about you, which we have collected from you or which you have provided to us.
When you use our Platform, you are subject to the Policy in force and the said use confirms your acceptance of the Policy. Since we may amend our Policy at any time in accordance with the conditions given in Article 6, we invite you to check it before each time you use our Platform.
The parties responsible for processing your personal data are:
Accordingly, we have put in place guidelines and guarantee the supervision of the processing and protection of your personal data.
Through our Platform, you may be invited to share personal data with Etam, for example, when creating a customer account, ordering products or subscribing to our newsletter.
Etam may also collect certain information relating to how you browse the Site under the conditions described in more detail in the "Cookies" section below.
In accordance with applicable rules, the law firm POGGI, Anne-Sophie Poggi, court lawyer, 50 rue Etienne Marcel, 75002 Paris, has been appointed Data Protection Officer (DPO).
The data we collect and use varies depending on the products, services and features you are looking for. The personal data we collect or that you decide to provide to us includes in particular:
When you submit your application for a job vacancy in the Etam group posted on our Platform, you may be required to provide us with data such as your full name, sex, address, e-mail address, training and professional qualifications and experience.
In accordance with applicable regulations, you have different rights concerning your personal data. These rights may be exercised directly at any time by contacting us at privacy@etam.com or Etam Lingerie, Customer Service, 57/59 rue Henri Barbusse, 92110 Clichy, simply indicating the reason for your request and the right you wish to exercise. In case of doubt about your identity, we may ask you for a copy of your identity document or other documentation. Your rights include:
You also have the right to lodge a complaint with a supervisory authority, in particular the authority in the Member State in which your habitual residence or place of work is located or where the infringement was committed if you consider that the processing of your personal data constitutes a breach of applicable rules. In France, the supervisory authority is: Commission Nationale de l’Informatique et des Libertés (CNIL - French National Commission for Information Technology and Civil Liberties), 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07, Tel. 01 53 73 22 22
You also have the right to withdraw your consent at any time for any processing based on consent. To simply unsubscribe from our newsletter, simply click on the unsubscribe link on any of our e-mails.
The following table shows how Etam uses your personal data (the "purpose") and the corresponding legal basis (the "legal basis"):
The period during which your data is stored is determined by the purpose for which it was collected. If the purpose is achieved, your data will be archived, erased or anonymized (especially for statistical purposes).
Initially, the data will be stored for a period not exceeding the period necessary for the purpose for which it was collected:
Secondly, regardless of the time it takes to achieve the purpose for the data processing, we may be justified in archiving your data securely and under restriction for a limited period of time and for a number of reasons:
Once the storage period has elapsed and any actions statute-barred, your personal data will be erased or anonymized.
Your personal data is intended for those of Etam’s services related to your requests. However:
In any case, there are no transfers outside Europe and Etam does not transmit your personal data unless:
In this case, your personal data will be transferred out of Europe with the appropriate safeguards and protection for the security of your data.
Etam may be required to transmit personal data about you to court and police authorities, regulatory authorities, public bodies or third-party companies in compliance with a court order, summons, formal notice, search or other legal or regulatory obligation or request. Such transfers may also be made for the purpose of protection against fraud and the investigation of offences.
Etam has endeavoured to take reasonable precautions to protect the confidentiality, integrity and availability of the personal data it processes and to prevent it from being distorted, damaged, destroyed or accessed by unauthorized third parties. Technical and organizational security measures have been put in place for this purpose.
However, Etam cannot fully control the risks associated with how the Internet works and informs Internet users of the risks involved in its use and operation.
The technical storage of your personal data will be centralized with the following providers:
Etam attaches the utmost importance to the protection and security of its IT systems. Tools have been put in place so that Etam can detect possible security breaches. Such tools may result in accidental access to personal data by security teams. The data will be collected and processed exclusively to manage the said breaches and in accordance with applicable regulations on personal data protection.
A cookie is a text file that can be saved in a specific space on the hard drive of your electronic device when you view an online service using your browser software. A cookie file allows the sender to identify the terminal on which it is stored during the period of validity or registration of the cookie in question.
According to your preferences, when you log on to the Site, Etam may install various cookies to recognize the browser you use during the period of validity of the cookie in question.
The cookies sent are for the following purposes:
Etam may include computer applications on the Site from third parties that allow you to share Site content with others or to make your query or give our opinion regarding any content of the Site known to such other persons.
The sending and use of cookies by third parties are subject to the privacy policies of such third parties.
Etam does not control the processes used by social media to collect information about how you browse the Site. Etam invites you to consult the privacy policies of these social media to learn about the purpose of their use, including advertising, and the browsing information the application buttons may collect. These protection policies should enable you to make your choices with these social media, in particular by setting up your user accounts for each one.
The Site may contain cookies sent by third parties (communication agency, audience measurement company, etc.) and allow third parties to collect browsing information about the Terminals logging on to the Site during the period of validity of such cookies, in particular in order to measure the effectiveness of the search engine paid referencing campaigns.
You have several options for managing cookies. Any settings you apply may change your Internet browsing and access conditions for certain services that require the use of Cookies.
At any time, you may choose to express and modify your wishes regarding cookies as follows.
You can configure your browser software so that cookies are saved on your terminal or, on the contrary, rejected either systematically or depending on the sender.
You can also set up your browser software so that you are asked to accept or reject cookies as they are sent before they can be stored on your terminal. For more information, see "Cookie settings for the browser you are using"
For more information about cookies, follow this link
To change your cookie settings, see the "Cookie Settings" section in the Site footer.
The registration of a cookie on a terminal is essentially subject to the will of the terminal user, who may express and modify it at any time and free of charge using the options offered by his browser software.
If you have accepted the registration of cookies on your terminal in your browser software, cookies embedded in the pages and contents you have visited may be temporarily stored in a specific space on your terminal. They will be readable only by the sender.
If you reject cookies being stored on your terminal or if you remove cookies from your terminal, you will no longer be able to enjoy a number of features that are necessary to browse certain areas of the Site.
This would be the case if you tried to access content or services that require you to identify yourself. This would also be the case when, for technical compatibility purposes, Etam or its providers cannot recognize the type of browser your terminal uses, its language and display settings or the country from which your terminal appears to be connected to the Internet.
Where applicable, Etam shall not be liable for any consequences of a downgraded provision of its services resulting from our inability to record or consult the cookies necessary for the said services when you have rejected or deleted them.
To process cookies and your options, each browser settings are different. They are described in your browser's help menu, which will show you how to change your cookie preferences.
If your terminal is used by more than one person and the same terminal has more than one browser installed, Etam cannot ensure that the services and advertisements for your terminal correspond to your own use of the terminal and not to that of another user.
Where applicable, sharing the use of your terminal with others and configuring your browser's settings for cookies is your choice and responsibility.
For more information on cookies and their use, you can consult the file provided by the Commission Nationale de l’Informatique et des Libertés (French National Commission for Information Technology and Civil Liberties) at https://www.cnil.fr/fr/site-web-cookies-et-autres-traceurs.
Etam may be required to amend the Policy and will ensure that you are informed thereof either by special reference on the Site or by personal notice, especially in our newsletters.
The Site does not target minors as its public. However, access to the Site is not prohibited as it does not contain content prohibited for persons under the age of 18.
If information is collected on a minor by the Site, the minor's legal representative may contact privacy@etam.com to correct, modify or erase such information.
- From 12/11/20
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