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General Terms and Conditions of Sale and Use of the EDEN PARK Gift Card
Any purchase and/or use of the EDEN PARK gift card (hereinafter the "Gift Card") implies full acceptance by the purchaser and/or holder of the card of all the provisions of these general conditions of sale and use.
The gift card can be purchased in the EDEN PARK own-name shops listed above (hereinafter the "Gift Card Shops").
The Gift Card will be issued by Flanker SAS with a capital of 441,888 euros, whose registered office is located at 10-12 rue de Mont Louis 75011 Paris, registered in the Paris Trade and Companies Register under number B 348 790 320 (hereafter "Eden Park") and/or
The following are expressly excluded from Gift Card Boutiques: franchises, multi-brands, corners in department stores and the Internet site www.eden-park.fr (http://www.eden-park.fr.
The amount to be credited to the Gift Card by the Customer at the time of purchase of the Gift Card shall be a minimum of twenty (20) Euros and a maximum of one thousand (1000) Euros.
The Gift Card is valid for a period of one (1) year from the date of activation, i.e. the date of purchase in the Gift Card Shop.
Eden Park reserves the right to cancel the issue of Gift Cards at any time at its sole discretion. This decision will not affect Gift Cards that are currently activated.
The Gift Card can be used to pay for all purchases of products offered for sale in Gift Card Shops.
The Gift Card cannot be used to purchase another Gift Card. It can be used on one or more occasions until the amount credited to it is used up, within the limit of its validity period. It cannot be refunded in full or in part.
The Gift Card is reloadable. Any purchase of products for an amount greater than the amount credited to the Gift Card must be completed by another method of payment accepted in the Gift Card Shop.
The balance of the Gift Card can be consulted on presentation of the Card in Gift Card Shops.
In the event of loss, theft, damage or expiry of the validity period, the Gift Card will not be returned, replaced, exchanged or refunded.
Products purchased in whole or in part with the Gift Card have the same exchange rights as products purchased with traditional payment methods.
FLANKER is liable for defects in the conformity of the goods to the contract under the conditions of article "L.217-4 et seq. of the French Consumer Code" and for hidden defects in the goods sold under the conditions provided for in "articles 1641 et seq. of the Civil Code.
The Customer, when acting under the legal guarantee of conformity and as detailed below:- has a period of two years from the delivery of the goods to act;- may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L 217-9 of the Consumer Code;- is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the Customer may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
If the product ordered by the Customer has a conformity defect existing at the time of delivery, EDEN PARK undertakes to replace the product, subject to available stocks. If it is impossible to replace the product, EDEN PARK will reimburse the price after the Customer has returned the product.
Article L.217-4 of the Consumer Code: The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L.217-5 of the Consumer Code: The goods conform to the contract:
1° whether it is fit for the purpose ordinarily expected of similar goods and, if so :
- it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model ;
- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L.217-6 of the Consumer Code: The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L.217-7 of the Consumer Code: Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L.217-8 of the Consumer Code: The buyer is entitled to demand that the goods conform to the contract. However, he may not contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials supplied by the buyer.
Article L.217-9 of the Consumer Code: In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L.217-10 of the Consumer Code: If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price returned.
The same option is available to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L.217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be achieved without major inconvenience to the consumer, taking into account the nature of the property and the use he is seeking.
However, the sale cannot be cancelled if the lack of conformity is minor.
Article L.217-11 of the Consumer Code: The application of the provisions of Articles L.217-9 and L.217-10 shall take place at no cost to the buyer. These same provisions do not prevent the award of damages.
Article L.217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
In the event of hidden defects, EDEN PARK undertakes to reimburse the full price of the product, after the Customer has returned the product, or the price determined by an expert, if the Customer chooses to keep the product.
"Article 1641 of the Civil Code: The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would only have paid a lesser price for it, if he had known of them.
Article 1642 of the Civil Code: The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1643 of the Civil Code: He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1645 of the Civil Code: If the seller was aware of the defects of the thing, he is bound, in addition to the restitution of the price he received, to pay all damages to the buyer.
Article 1646 of the Civil Code: If the seller was unaware of the defects of the thing, he shall only be obliged to refund the price, and to reimburse the purchaser for the costs incurred by the sale.
Article 1647 of the Civil Code: If the thing which had defects has perished as a result of its bad quality, the loss is for the seller, who will be obliged towards the buyer to return the price and to the other compensations explained in the two preceding articles. But the loss which has occurred by chance shall be for the account of the buyer.
Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In order to take advantage of the applicable warranty under the conditions mentioned above, the Customer must send an e-mail to Customer Service: email@example.com, in which he/she will describe the defect and/or the fault of the product. The Customer may also contact Customer Service on 00 33 (0)1 55 90 44 00.
Upon receipt, the Customer will be informed whether or not his request for a guarantee will be accepted, as well as, if applicable, the terms and conditions of the possible acceptance, in accordance with the conditions mentioned above.
These terms and conditions of sale and use of the Gift Card are governed by French law.
In the event of a disagreement arising, the Customer and Eden Park undertake to seek an amicable solution before taking any legal action. Any complaint by the Customer must be sent to Eden Park by e-mail to the following address: firstname.lastname@example.org. The said complaint must be substantiated and include all elements useful for its processing (and in particular the identity (surname, first names), contact details (postal and e-mail addresses) as well as the reference of the order, etc.).
In the event of an unresolved amicable complaint, the Customer has the possibility, for any purchase made in the Gift Card Shops, to have recourse to a consumer mediator, in accordance with articles L.612-1 to L.612-5 of the French Consumer Code, provided that the request is not manifestly unfounded or abusive and that it is made to the mediator less than one year after the written complaint submitted to Eden Park.
As Eden Park is a member of the Fédération du e-commerce et de la Vente à distance (FEVAD), the Customer may send a request to its mediation service:
- or by post to 60 rue de la Boétie - 75008 Paris,
- or by completing the online form available on the website https://www.mediateurfevad.fr/.
In the absence of amicable resolution, the courts of common law shall have exclusive jurisdiction.