General terms and conditions of sales

Version of Decembre 15th, 2020

1. Subject of the GTCS
2. Products
2.1 Characteristics of the Products
2.2 Product availability
3. Prices
4. Order
4.1 Customer identification
4.2 Validation of the order
4.3 Invoicing
4.4 Follow-up of the order
5. Payment
5.1 Method of payment
5.2 Secure payment
6. Shipping costs, conditions and delivery times
6.1 Delivery address
6.2 Shipping costs
6.3 Delivery time
6.4 Terms of delivery and verification of Products upen receipt
7. Right of Withdrawal
7.1 Withdrawal period
7.2 Notification of withdrawal
7.3 Procedure for returning Products
7.4 Reimbursement
7.5 Exchange of Products
8. E-reservation service in EDEN PARK stores
9. Guarantees
9.1 Legal guarantee of conformity (Article L.217-1 et seq. of the Consumer Code)
9.2 Warranty for hidden defects (Articles 1641 to 1648 of the Civil Code)
9.3 Methods of implementation
10. Protection of personal data
11. Intellectual property
12. Liability - Force majeure
13. Integrality
14. Applicable law - Disputes - Consumer Mediator

APPENDIX

Withdrawal Form

The present General Terms and Conditions of Sale (“GTCS”) apply between:

The company FLANKER SAS, registered in France at the Registry of Commerce of Paris under n° B 348 790 320 with a capital of 441 888 Euros, whose head office is at 10 - 12 rue de Mont Louis - 75011 Paris.

VAT number: FR 59348790320

Customer Service: contact@eden-park.tm.fr

Editor of the www.eden-park.com website (hereinafter referred to as the "Site")

Hereinafter referred to as "EDEN PARK".

And

Any customer who is a natural person and not a trader wishing to make a purchase on the Site and who declares:

- to have the legal capacity to contract, i.e. to be of legal majority and not to be under guardianship or curatorship,

- act as an end buyer for his personal needs and not purchase EDEN PARK products with a view to reselling them.

Hereinafter the "Customer".

1. SUBJECT OF THE GTCS

These General Terms and Conditions of Sale are intended to define the terms and conditions of distance selling between EDEN PARK and the Customer relating to the order, payment and delivery procedure for EDEN PARK products offered on the Site (hereinafter the "Products").

Within the limits authorized by law and subject to the preservation of acquired rights, EDEN PARK reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. The General Terms and Conditions of Sale applicable are those in force at the time the order is placed.

2. PRODUCTS
2.1 Characteristics of the Products

EDEN PARK endeavors to present the Products as clearly as possible on the Site. EDEN PARK will also make its best efforts to ensure that the photographs of Products on the Site are as faithful as possible to the original Products.

2.2 Availability of the Products

The Product offers are valid for the duration of the online presence on the Site and within the limit of available stocks.

EDEN PARK reserves the right to modify the range of Products offered for sale on the Site at any time and without notice.

EDEN PARK provides the Customer with information on the availability of the Products at the time the order is placed. However, in exceptional cases, it may happen that a Product is finally unavailable, particularly in the case of simultaneous orders for the same Product by several Customers. In such a case, EDEN PARK informs the Customer and proceeds to the reimbursement of any sums received.

EDEN PARK cannot guarantee the permanent availability of each Product placed online on the Site, nor the absence of possible stock shortages of one or more Products.

3. PRICES

Prices are quoted in Euros (€) for all European Union countries, except Great Britain for which prices are in Pounds Sterling (£).

Prices include the VAT applicable on the day of the order, but exclude delivery costs, which remain the responsibility of the Customer, unless otherwise stipulated in Article 6 below.

The prices displayed on the Site for a Product are, for as long as this display remains, applicable to any order for this Product.

EDEN PARK reserves the right to modify the prices displayed on the Site at any time, but undertakes to apply to current orders the prices indicated to Customers at the time of placing their orders. If the order cannot be fulfilled due to the unavailability of a Product or a stock shortage, the placing of a new order at a later date will result in the price applicable at the time the new order is placed being applied.

In the event of a data entry or calculation error leading to a price that is manifestly derisory, i.e. which bears no relation to the actual value of the Product ordered in relation to the price normally charged, the order shall, in accordance with the legal provisions, be subject to cancellation and the Customer shall be reimbursed, unless he wishes to place a new order at the price normally charged.

Any bank charges related to the use of a bank card on the Site shall be borne by the Customer.

4. ORDER
4.1 Customer identification

During the process of ordering a Product on the Site, the Customer can proceed to the payment of his purchases:

  • (i) by creating a Customer account or, if applicable, by connecting to his existing Customer account;
  • (ii) or directly, without creating a Customer account.

(i) Ordering via a Customer account

If the Customer already has a Customer account, he must enter his login (email address) and password to log in.

Otherwise, he will be offered to create a Customer account by indicating the following information: title (Mr./Mrs. (optional), name, first name, e-mail address, birthday (optional)) and password.

For the first order, the Customer will be asked to fill in the following additional information necessary for its execution: telephone, billing address and delivery address.

In any event, the Customer may modify, at his sole discretion, the personal data that he will have recorded on his Customer account. 

Personal data is collected and processed by EDEN PARK in accordance with the provisions of Article 10 below entitled "Personal Data".

Identifiers and passwords are strictly personal. Consequently, the Customer undertakes to store them securely and never to communicate them to third parties. EDEN PARK may under no circumstances be held liable for any loss, theft or fraudulent use of the Customer's account identifiers and passwords. If the Customer discovers abnormal or fraudulent use of his account, he undertakes to inform EDEN PARK as soon as possible.

(ii) Orders without a Customer account

The Customer may also place an order without creating a Customer account directly on the Site or by telephone via Customer Service on 00 33 (0)1 55 90 44 00 or, for Great Britain, on 0333 210 9870.

He will then be asked to communicate the following information necessary for the execution of his order: title (Mr./Mrs. (optional), name, first name, e-mail address, telephone, postal address and billing address.

No Customer account will be created and all the Customer's contact information will have to be re-entered for any subsequent order.

If the Customer places an order without creating an account, the progress of the processing of his order will be tracked by e-mail.

4.2. Validation of the order

The Customer has 48 hours from the addition of the last item in his basket to validate his order. At the end of this period, the basket is automatically emptied of its contents and the order is deemed null and void.

Any order implies express and irrevocable acceptance of the price and characteristics of the Product described on the Site.

In order to validate his order, the Customer must declare that he has read and irrevocably accepted these General Terms and Conditions of Sale as well as the conditions of use of his personal data in accordance with Article 10 below, by ticking the corresponding box.

In order to allow the Customer to modify his order before definitively validating it, the Customer has access to a summary screen of the order.

The Customer then accepts, by ticking the corresponding box, that the final validation of his order implies an obligation of payment at his expense, which is indicated to him on the summary screen of his order.

When the Customer proceeds to the payment of the order, the said order is definitively concluded. An order number is then assigned to the Customer, which the Customer must keep for tracking his order and any subsequent claim.

The Customer then receives an order confirmation e-mail containing:

  • the details of his order (essential characteristics of the Products, prices, etc...),
  • the order number,
  • delivery terms and conditions,
  • references to the conditions of withdrawal and the General Terms and Conditions of Sale.

In the event of unavailability of a Product that the Customer has ordered on the Site, EDEN PARK will inform the Customer by email or telephone as soon as possible, offering either to cancel the order in full or to reimburse him/her partially for the undelivered Product.

The Customer is informed that, in the context of his order, the "Fraud Expert" solution is used in addition to remote payment processing, and that his personal data is processed by Ingenico e-Commerce Solutions SPRL, for the purpose of preventing and combating fraud (determination of a level of risk linked to a transaction, detection and management of any resulting alerts, information for EDEN PARK for decision-making by the latter, "human" verification of transactions presenting a certain level of risk, modelling of the score).

The personal data collected in this way is processed in accordance with what is specified in Article 10 below entitled "Personal Data".

In the event of non-compliance with any of the provisions of these General Terms and Conditions of Sale, such as, for example, making purchases on the Site with a view to reselling the Products on a commercial basis, or in the event of abuse of rights on the part of a Customer, EDEN PARK notably reserves the right to invoke Articles 1219 and 1220 of the Civil Code on the exception of non-performance on a preventive or a posteriori basis and to implement the necessary and proportionate means to fight against possible infringements of its rights, including in the event of fraud.

4.3. Invoicing

When the order has been processed, the Customer receives by e-mail his invoice summarizing his order, the contents of which are as follows:

  • the number of the order;
  • the number, date and amount of the banking transaction;
  • the detailed and exhaustive list of the Products ordered; and
  • the method and cost of shipping.

It is also available on his Customer account.

It is recommended to the Customer to keep this document, which is the official proof of his order.

4.4. Follow-up of the order

As soon as the Customer receives the e-mail confirming his order, he can follow the progress of his order and its delivery by logging into his Customer account in the "My Account" area, and by reading the e-mails sent to him.

In any event, Customer Service can be contacted by e-mail at contact@eden-park.tm.fr or by telephone at 00 33 (0)1 55 90 44 00 (0333 210 9870 for Great Britain) for any question relating to the taking of an order and its execution: information on the Product, finalization and follow-up of the order, conditions and modalities of the right of withdrawal, After-Sales Service, etc.

5. PAYMENT
5.1 Method of payment

The Customer can pay for his order by means of the following authorized payment methods:

  • Credit Card (Visa, Mastercard and American Express);
  • Paypal;
  • Amazon Pay.

The Customer may not use, as a method of online payment, EDEN PARK gift vouchers, EDEN PARK loyalty vouchers or any credit issued by a store in the EDEN PARK network.

Orders placed online on the Site do not generate loyalty points for holders of the EDEN PARK club card.

Advantage codes are issued during special operations on the Site. Customers are informed of these advantage codes and their conditions of use by e-mail or by an indication appearing directly on the Site. They must enter them in a box provided for this purpose when validating the basket.

5.2 Secure payment

Payment for an online order is made at the time of ordering by the following means of payment:

  • By credit card (Visa, Mastercard and American Express)

In order to ensure the security of payments, EDEN PARK uses the secure payment service of a service provider: INGENICO.

This service integrates the DSP2 security standard. Confidential data is encrypted on the INGENICO server and is never transmitted to the EDEN PARK computer server. This standard is an international security standard whose objectives are to ensure the confidentiality and integrity of cardholders' data and to secure the protection of card and transaction data.

INGENICO thus ensures the highest security for data concerning the Customers' means of payment. The payment request is routed in real time to INGENICO's secure telepayment manager which carries out various checks to prevent abuse and fraud.

When validating the order, the Customer must indicate the number of his credit card as well as its expiry date and cryptogram.

The bank card details are then kept, in encrypted format, by EDEN PARK's secure payment service provider, the company INGENICO, during the actual payment of the order until the expiry of the period of the Customer's right of withdrawal, in order to be able to reimburse him by crediting his account, then for a period of thirteen (13) months from the date of the transaction. After this period, the data will be deleted or made anonymous.

The credit card data communicated by the Customer when ordering are used by INGENICO only for the purpose of carrying out the transaction.

The Customer's credit card number will appear in its entirety upon entry, but only the last four (4) digits will be visible in the Customer's account for Visa, Eurocard Mastercard and American Express, the others being hidden for security reasons.

In accordance with the Law n°2000-230 of March 13, 2000 adapting the law of evidence to information technology and relating to electronic signatures, the online transmission of the Customer's bank card number and the final validation of the order of Products by the Customer have probative force for the payment of the sums due in payment of this order.

In the event of fraudulent use of the Customer's card, it is the Customer's responsibility to contact Customer Service immediately after the fraudulent use of the card has been detected, by calling +33 (0)1 55 90 44 00 (0333 210 9870 for Great Britain).

  • Via the Customer's PAYPAL account

By choosing payment via PayPal, the Customer will be automatically directed to his PayPal account. Once the PayPal payment has been validated, the Customer will be able to complete his order on the Site.

  • Via the Customer's Amazon Pay account

By choosing payment via Amazon Pay, the Customer will be automatically directed to his Amazon Pay account. Once the Amazon Pay payment has been validated, the Customer will be able to complete the order on the Site.

The order is definitively validated as soon as the payment is accepted by the Customer's bank.

The total amount of the order is debited from the Customer's bank account at the time of order confirmation and after validation of the security systems (Ingenico).

The invoice for the Customer's order is sent to him/her by e-mail upon confirmation of the dispatch of his/her order and is also available on his/her Customer account. Upon request, the invoice may be sent to him on paper.

6. SHIPPING COSTS,CONDITIONS AND DELIVERY TIMES
6.1 Delivery address

The Products purchased on the Site are delivered to the delivery address that the Customer has indicated during the ordering process, which may be different from the billing address, namely, only in metropolitan France (including Corsica), Monaco and the following countries: Belgium, Germany, Spain, Ireland, Italy, Luxembourg, Netherlands, Portugal, United Kingdom.

6.2 Shipping costs

The shipping costs applicable to each shipping method that may be available by country are detailed in the table below.

Country Mondial Relay delivery Colissimo delivery Standard Chronopost delivery Express Chronopost delivery Free shipping for orders over the following amounts
Belgium 5,90€* - 10,90€* - 80€*
France 3,90€* 5,90€* - 14,90€* 80€* Mondial Relay / Colissimo
300€* Chrono Express
Germany - - 10,90€* - 80€*
Irelande - - Free delivery - Free delivery
Italy - - 10,90€* - 80€*
Luxembourg 5,90€* - 10,90€* - 80€*
Monaco 3,90€* 5,90€* - 14,90€* 80€* Mondial Relay / Colissimo
300€* Chrono Express
Portugal - - 12,90€* - 80€*
Spain 5,90€* - 10,90€* - 80€*
Netherlands - - 10,90€* - 80€*
United Kingdom - - Free delivery - Free delivery

*Included VAT

(-) Not applicable 

On the order summary and before validation, the shipping costs are indicated. This amount is due by the Customer in addition to the price of the Products purchased, except where mentioned on the Site, which may provide, in certain cases, for free shipping.

6.3 Delivery time

The Products purchased on the Site may be delivered, at the Customer's choice, to an address located in one of the following countries, according to the available delivery methods and the associated delivery times shown in the table below:

COUNTRY DELIVERY TIMES
MONDIAL RELAY COLISSIMO CHRONOPOST
Belgium 2 to 5 business days - 2 to 3 business days
France (metropolitan) 2 to 5 business days 2 to 5 business days 2 business days
Germany - - 2 to 3 business days
Ireland 3 to 4 business days
Italy - - 2 to 3 business days
Luxembourg 2 to 5 business days - 2 to 3 business day
Monaco 2 to 5 business days 2 to 5 business days 2 business days
Portugal - - 2 to 3 business days
Spain 2 to 5 business days - 2 to 3 business days
Netherlands - - 2 to 3 business days
United Kingdom 2 to 3 business days

 (-) Not applicable

The delivery time mentioned on the Site and in the order confirmation email is indicated in business days (subject to stock availability), as from the time EDEN PARK sends the order confirmation email. This time corresponds to the average time taken and is the indicative time for processing, preparation and delivery of the order to the Customer. Independently of this indicative processing time, it is specified that, in accordance with the provisions of Article L.216-1 of the French Consumer Code, the order may not in any event be delivered within a period of more than thirty (30) days after the conclusion of the contract.

In view of the limits imposed by current regulations on the air transport of perfumes, eaux de toilettes and cosmetic Products, it is expressly specified that the indicative delivery times of Chronopost mentioned in the table above may be increased for these Products by an additional period of five (5) to six (6) business days.

In accordance with the provisions of article L.216-2 of the French Consumer Code, in the absence of delivery within thirty days of the conclusion of the contract, the Customer may terminate the contract, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having instructed EDEN PARK to make the delivery or provide the service within a reasonable additional period, EDEN PARK has not performed within this period (without prejudice to cases where the delivery date is an essential condition of the contract in view of the circumstances and methods of conclusion of the contract).

When the contract is terminated, EDEN PARK will reimburse the consumer for the total amount paid, at the latest within fourteen days of the date on which the contract was terminated. If this period is not respected, this sum will be automatically increased by 10% if the refund is made within thirty days after this term, by 20% up to sixty days and by 50% thereafter.

6.4 Terms of delivery and verification of Products upen receipt

The Customer is informed by e-mail of the departure of his order from the EDEN PARK warehouses. He can follow his order from the information mentioned in the e-mail.

EDEN PARK guarantees the correct routing of the Products. The risks associated with transport are borne by EDEN PARK.

However, insofar as Article L.133-3 of the French Commercial Code provides that "receipt of the items transported extinguishes any action against the haulage contractor for damage or partial loss if, within three days, not including public holidays, following that of receipt, the recipient has not notified the haulage contractor, by extrajudicial act or by registered letter, of its reasoned protest", it is imperative that the Customer, upon receipt of the Products, check the condition of the packaging and the contents of the package.

VERY IMPORTANT:

If the Customer notices that the package or its contents present an anomaly of delivery (damaged package, missing package, damaged Product, missing Product), he must:

  • express any useful reserves on the delivery slip of the carrier, before signing it (do not sign the delivery slip indicating "subject to unpacking" insofar as this mention does not establish that the damage existed at the time of delivery), or refuse delivery;
  • inform Customer Service of any problem with the delivery of the Products within 24 hours of receipt, even in the case of carriage paid shipment (without prejudice to the possibility for the Customer to send a registered letter to the carrier within the three-day period provided for in the aforementioned Article L.133-3 of the French Commercial Code, in which case the Customer undertakes to send a copy to Customer Service to enable it to conduct an investigation with the carrier).

Failing this, no complaint about an anomaly in delivery may be considered admissible by EDEN PARK, without prejudice to EDEN PARK's liability for Products that do not conform to the order placed or that are the subject of a hidden defect.

It is specified that, in the event of loss of packages during transport, the investigation period may take from one to three weeks.

In the event of an incomplete or inaccurate address or lack of information resulting in the impossibility of delivering the Product to the recipient on time, EDEN PARK cannot be held responsible for this non-delivery. Addresses with BP, Cedex, Camping, Armed Forces or Institutions will not be processed if they are not accompanied by a physical address.

If this lack of information results in a second presentation to the recipient, EDEN PARK reserves the right to ask the Customer for the costs corresponding to this second delivery.

In the event of the absence of the recipient at the time of delivery, as part of the delivery service provided by the carrier, the delivery person leaves a delivery notice in the recipient's mailbox. The latter must then pick up the package at the address specified on the calling card, upon presentation of the calling card and an identity document in the name of the person making the pick-up.

In the event of the recipient's absence, EDEN PARK cannot be held responsible for non-delivery.

In any event, delivery can only take place if there is no dispute with the Customer, who must be up to date with his obligations towards EDEN PARK.

7. RIGHT OF WITHDRAWAL
7.1 Withdrawal period 

Pursuant to Article L.221-18 of the French Consumer Code, the Customer has the right to retract for 14 days from the delivery of the Product.

At the end of the above period, the Products can only be reimbursed within the framework of the application of the legal guarantee of conformity and/or hidden defects in accordance with articles L.217-4 and following of the French Consumer Code and articles 1641 and following of the French Civil Code.

7.2 Notification of withdrawal

In order to exercise his right of withdrawal, it is sufficient for the Customer to inform EDEN PARK of his wish to withdraw before the expiry of the aforementioned period of 14 days, by means of the withdrawal form made available to him (a model of which is inserted below in the Appendix) or by means of any other unambiguous statement.

For this purpose, the Customer may use the model withdrawal form in the Appendix or click here to download the form. The form is also attached in the order confirmation e-mail received by the Customer.

This withdrawal request can be made either:

  • by mail to the attention of:

FLANKER SAS

E-commerce Service

10/12 rue de Mont-Louis

75011 Paris

or

  • by e-mail to the following address

contact@eden-park.tm.fr

7.3 Procedure for returning products

Upon receipt of the Customer's notification of withdrawal, Customer Service will send the Customer, by e-mail, the procedure for returning the Products to be respected.

The Products must be returned by the Customer without undue delay and, in any event, within fourteen (14) calendar days from the date of notification of his decision to withdraw, to the following address

C-LOG

EP RETURNS SERVICE

ZAC DE LA COSTARDAIS

22690 PLEUDIHEN-ON-RANCE

They must be sent, if possible, in their original packaging (and at least in packaging that protects the Products in conditions comparable to the original packaging), with a copy of the return procedure sent by Customer Service. This procedure will include the order number and the return number, with the reason for the return to be completed by the Customer.

To facilitate the processing of the return, the order and return numbers must also appear on the outer packaging of the package.

The Customer may be held liable in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning (e.g. for a zipper) of the Products (except in the case referred to in the paragraph below, the Products may be tried on but not worn).

Underwear (underpants and socks) cannot be the subject of a right of withdrawal pursuant to Article L.221-28 paragraph 5 of the French Consumer Code in the event that their packaging has been unsealed and the Products tried on.

The return of Products is at the expense, risk and peril of the Customer (except when this return is justified by a hidden defect or the non-conformity of the Products delivered pursuant to Article 9 below). In any event, EDEN PARK cannot be held liable for the loss of a package returned by the Customer.

7.4 Reimbursement

Upon receipt by EDEN PARK of the Product returned by the Customer, the corresponding refund will be made, including delivery costs, by crediting the bank account linked to the payment made at the time of purchase, within fourteen (14) calendar days following the date of notification of the Customer's decision to withdraw. Reimbursement will be made by the same means of payment used for the order.

It is specified that in the absence of receipt of the Product before the expiration of the fourteen (14) calendar days following the date of notification of the Customer's decision to withdraw, the refund of the Product returned by the Customer, including delivery costs, may be deferred until the earlier of the two following dates:

  • the date on which the Product is received by EDEN PARK,
  • or the date on which the Customer has provided proof of shipment of that Product.

In any event, no credit note, electronic or otherwise, may be issued by EDEN PARK in this respect.

7.5 Exchange of products 

The exchange or reimbursement of a Product ordered on the Site is not possible from an EDEN PARK boutique. Nor does EDEN PARK accept the exchange or reimbursement of Products purchased from an EDEN PARK boutique on the Site.

8. E-RESERVATION SERVICE IN EDEN PARK STORES

EDEN PARK offers the possibility for the Customer of the Site to benefit from an e-reservation service in the stores of its network through a service provider: Close To Me/SoCloz. The Customer may, after checking the availability of a Product, make a free reservation in the store he has selected.

The duration of the reservation of the Product concerned will be specified in the confirmation e-mail sent to the Customer. This e-reservation service does not constitute a sale but a simple reservation of Product without obligation to purchase.

The use of the e-reservation service for a Product on the Site necessarily implies the express acceptance by the Customer of all the provisions of the General Terms and Conditions of Use of Close To Me/SoCloz relating thereto, accessible during the e-reservation process, including the provisions relating to the processing of his personal data.

9. GUARANTEES

The Customer may make a claim under the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the French Consumer Code or the guarantee of hidden defects of the Product sold within the meaning of Articles 1641 et seq. of the French Civil Code, to the guarantor vendor, i.e. the company FLANKER, at 10 - 12, rue de Mont Louis - 75011 Paris.

FLANKER shall be held liable for defects in the conformity of the Product to the contract under the terms of Article L.217-4 et seq. of the French Consumer Code and for hidden defects in the Product sold under the terms of Articles 1641 et seq. of the French Civil Code.

The Customer, when acting in relation with a legal guarantee of conformity:

  • benefits from a period of two years as from the delivery of the Product to act;
  • may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code;
  • is exempt from having to provide proof of the existence of the Product's lack of conformity during the twenty-four months following delivery of the Product.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Customer may decide to implement the warranty against hidden defects of the Product sold within the meaning of Article 1641 of the Civil Code. In this case, the Customer may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

 

9.1. Legal guarantee of conformity (Article L.217-1 et seq. of the French Consumer Code)

If the Product ordered by the Customer has a defect in conformity existing at the time of delivery, EDEN PARK undertakes to replace the Product, within the limits of 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 French Consumer Code

The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was made at his expense by the contract or was carried out under his responsibility.

Article L.217-5 of the Consumer Code

The property is in conformity with the contract:

1° If it is fit 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 seller has presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.

Article L.217-6 of the Consumer Code

The seller is not bound by public statements made by 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 exist 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 purchaser is entitled to demand that the goods comply with the contract. However, he may not contest conformity by invoking a defect that he knew or could not have been unaware of when he entered into the contract. The same applies if the defect has its origin in the materials he himself supplied.

Article L.217-9 of the Consumer Code

In case of lack of conformity, the buyer chooses between repair or replacement of the goods.

However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible to do so, according to the method not chosen by the buyer.

Article L.217-10 of the Consumer Code

If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded.

The same faculty is open to him:

1° If the solution requested, proposed or agreed in application of article L.217-9 cannot be implemented within one month following the buyer's complaint;

2° Or if this solution cannot be implemented without major inconvenience for the purchaser, given the nature of the goods and the use that he is seeking.

However, the sale may not be rescinded 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 takes place at no cost to the purchaser.

These same provisions do not prevent the allocation of damages.

Article L.217-12 of the Consumer Code

The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

Article L.217-13 of the Consumer Code

The provisions of the present section do not deprive the purchaser of the right to exercise the action resulting from prohibitive defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law.

9.2. Warranty for hidden defects (articles 1641 to 1648 of the Civil Code)

In the event of hidden defects, EDEN PARK undertakes to reimburse the total price of the Product, after the Customer has returned the Product, or the price arbitrated by an expert, if the Customer chooses to keep the Product.

Article 1641 of the Civil Code

The seller is bound by the warranty on account of hidden defects of the good sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.

Article 1642 of the Civil Code

The seller is not liable for apparent defects which the buyer has been able to convince himself of.

Article 1643 of the Civil Code

He is liable for hidden defects, even if he would not have known about them, unless in this case he has stipulated that he will not be obliged to any warranty.

Article 1644 of the Civil Code

In the case of articles 1641 and 1643, the buyer has the choice to return the good and receive the price back, or to keep the good and receive part of the price back.

Article 1645 of the Civil Code

If the Seller knew of the defects of the goods, he shall be liable to the Buyer for all damages, in addition to the return of the price he received for them.

Article 1646 of the Civil Code

If the seller was unaware of the defects of the good, he will only be bound to return the price and to reimburse the buyer for the costs incurred by the sale.

Article 1647 of the Civil Code

If the good that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensations explained in the two previous articles.

But the loss that has occurred by chance will be for the account of the buyer.

Article 1648 of the Civil Code

The action resulting from prohibitive defects must be brought by the purchaser within two years from the discovery of the defect.

9.3. Methods of implementation

In order to take advantage of the guarantee applicable under the conditions mentioned above, the Customer must send an e-mail to Customer Service at the following address: contact@eden-park.tm.fr, in which he will describe precisely the lack of conformity and/or the hidden defect of the Product. The Customer may also contact Customer Service at 00 33 (0)1 55 90 44 00 or, for Great Britain, at 0333 210 9870.

Upon receipt, the Customer will be informed as to whether or not his warranty claim will be taken up, and if so, the terms and conditions thereof in accordance with the above-mentioned conditions.

10. PROTECTION OF PERSONAL DATA

EDEN PARK carries out the processing of the Customer's personal data under the conditions specified in the Privacy Policy.

11. INTELLECTUAL PROPERTY

All elements of the Site (drawings, models, illustrations, images, soundtracks, texts, logos, brands, etc.), including the underlying technology, are the exclusive intellectual property of EDEN PARK or are used by EDEN PARK with the authorization of third-party intellectual property rights holders.

It is forbidden for any person to reproduce in whole or in part, by any process whatsoever, to represent, distribute, publish, transmit, download, modify or market all or part of the content of the Site or to create derivative works therefrom.

You may not remove any copyright, trademark or other proprietary rights notices from the Site or any of its content.

Internet access to the Site and its content is authorized for strictly private, personal and non-commercial use.

Users who have a personal website and who wish to place a simple link on their site, for personal use, directly to the home page of the Site, must request written authorization from EDEN PARK.

On the other hand, any hypertext link to the Site using, in particular, the framing, deep-linking, in-line linking or any other deep-linking technique is in any event strictly prohibited.

In all cases, any link must be removed immediately upon request from EDEN PARK.

12. LIABILITY - FORCE MAJEURE

EDEN PARK cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.

Under no circumstances can EDEN PARK be held liable for any indirect, incidental, special or accessory damage, including but not limited to operating loss, loss of profit or loss of opportunity resulting from the purchase of EDEN PARK Products on the Site.

EDEN PARK nevertheless remains liable for defects in the conformity of its Products sold on the Site and the legal guarantee for hidden defects in application of the provisions of Article 9 above.

Generally speaking, EDEN PARK's liability is excluded for any failure to meet its contractual obligations in the event that this failure results from a case of force majeure, including, but not limited to, the following list: total or partial disruption or strike, in particular of postal services, means of transport and/or telecommunications, fire, flood, natural disaster, internal or external power failure, and in general, any event beyond the control of EDEN PARK that does not allow orders to be properly executed (such as, for example, a traffic ban decided by the public authorities).

13. INTEGRALITY

In the event that one of the clauses of these General Terms and Conditions of Sale is null and void by a change in legislation, regulation or a court decision, this shall in no way affect the validity and compliance with the other clauses contained in these General Terms and Conditions of Sale.

14. APPLICABLE LAW - DISPUTES - CONSUMER MEDIATOR

These General Terms and Conditions of Sale are governed by French law subject to the application, for consumers domiciled abroad who may be recipients of Products, of international public policy provisions specifically protecting them.

In the event of an emerging disagreement, the Customer and EDEN PARK undertake to seek an amicable solution before any legal action is taken. Any claim by the Customer must be addressed to EDEN PARK by e-mail to the following address: contact@eden-park.tm.fr. The said complaint must be substantiated and include any information that may be useful in processing it (and in particular identity (last name, first name), contact details (postal and email addresses) and the order reference).

In the event of an unresolved amicable complaint, the Customer has the possibility, for any purchase made on the Site or in EDEN PARK stores, of having recourse free of charge to a consumer mediator, in accordance with Articles L.612-1 to L.612-5 of the French Consumer Code, provided in particular that the request is not manifestly unfounded or abusive and that it is submitted to the mediator less than one year after the written complaint submitted to EDEN PARK.

As EDEN PARK is a member of the Federation of e-commerce and Distance Selling (FEVAD), the Customer may send a request to its mediation service:

  • either by post at 60 rue de la Boétie - 75008 Paris,
  • or by filling out the online form available on the website " https://www.mediateurfevad.fr/ ".

In the absence of amicable resolution, the competent courts will have sole jurisdiction.

APPENDIX

WITHDRAWAL FORM

The conditions for exercising your right of withdrawal pursuant to Articles L.221-18 et seq. of the Consumer Code are detailed in our General Terms and Conditions.

To exercise your right of withdrawal, you may print and fill in the form below (or draft any other statement, devoid of ambiguity, notifying your intention to withdraw) to be sent:

  • by post to: FLANKER SAS, Service e-commerce, 10/12, rue de Mont Louis, 75011 Paris;
  • or by email to the following address: contact@eden-park.tm.fr

I hereby notify that I wish to exercise my right of withdrawal concerning the contract relating to the sale of the product(s) below:

Ordered on (*)/Received on (*):

(*) Delete as applicable

 

Customer’s name:

 

Customer’s address:

 

In order to facilitate the processing of your request to exercise your right of withdrawal (without this constituting a condition for exercising your right of withdrawal, you may specify the following information:

Order number:

Product reference:

Product colour and size:

 

Date:

 

Customer’s signature (only in case of notification of the hereby form on paper):

 

Personal data: Personal data mentioned on this form are necessary for the customer relationship management. You have a right of access, rectification, erasure, limitation of treatment, to the portability of your data as well as a right not to be subject to a decision based exclusively on automated processing. You also have a right to object to the processing of your personal data. You may exercise those rights, within the limits of the Law, by a simple request, indicating its purpose, to be sent with a copy of your proof of identity, at one of the following addresses  : Flanker (RCS Paris 348 790 320, data controller) 10-12 rue de Mont Louis 75011 Paris or contact@eden-park.tm.fr. You may also inform us of your instructions related to your data after your death. You have moreover a right to lodge a complaint before the competent supervisory authority (http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm).