General terms and conditions of sales

1. Purpose
2. Products
2.1 Product Characteristics
2.2 Availibility of the products
3. Price
4. Ordering
4.1 Customer identification
4.2 Order confirmation
4.3 Invoicing
4.4 Order tracking
5. Payment
5.1 Payment method
5.2 Secure payment
6. Shipping charges, conditions and delivery time
6.1 Delivery area
6.2 Shipping charges
6.3 Delivery time
6.4 Terms of delivery
7. Returns and exchanges
7.1 Withdrawal period
7.2 Notice 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 Guarantee against hidden defects (Articles 1641 to 1648 of the Civil Code)
9.3 Implementation procedure
10. Personal data protection
11. Intellectual property
12. Liability - Force majeure
13. Entire agreement
14. Applicable law - Disputes - Consumer ombudsman

These General Terms and Conditions of Sale are applicable between:

The company FLANKER SAS, registered in France in the Trade and Companies Register (RCS) under number B348 790 320, with registered capital of 441,888 Euros and whose head office is located at 10 - 12 rue Mont Louis - 75011 Paris.

VAT number: FR 59348790320

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

Owner of the website www.eden-park.fr (Hereinafter referred to as the ”Website”)

 Hereafter referred to as "EDEN PARK"

 And

 Any customer who is a non-trading natural person who wishes to make a purchase on the Website and who declares that he/she:

- has the legal capacity to agree to these terms, i.e. being of legal age and not in care or under guardianship or trusteeship,

- is acting as the end purchaser for his/her personal needs and not making EDEN PARK purchases with a view to resale.

 Hereafter referred to as the "Customer"

1. PURPOSE

These General Terms and Conditions of Sale aim to define the distance selling procedure between EDEN PARK and the Customer, relating to the ordering, payment and delivery of the EDEN PARK products offered on the Website (hereinafter the “Products”).

 EDEN PARK reserves the right to adapt or modify these General Terms and Conditions of Sale at any time.

2. PRODUCT

2.1 Product characteristics

 The Products are described and presented on the Website as accurately as possible. However, EDEN PARK shall not be liable in the event of a non-material error or omission in that respect.

 2.2 Availability of the Products

 The offers of Products and their associated prices are valid while they are made available online on the Website and within the limits of available stocks.

 EDEN PARK reserves the right to change Products offered on the Website at any time and without notice.

 EDEN PARK shall provide Customers with product availability information at the time the order is placed.

 However, there may be errors in exceptional cases and in particular in the event simultaneous orders are placed for the same Product by several Customers. EDEN PARK shall not be liable in the event of running out of stock or Products being unavailable.

3. PRICE

Prices are in Euros (€) for all countries in the Eurozone, with the exception of Great Britain, for which prices are in Pounds Sterling (£).

 Prices include VAT at the rate applicable on the day the order is placed but exclude shipping costs, which are payable by Customers unless otherwise provided for in Article 6 below.

 EDEN PARK reserves the right to change prices on the Website at any time, but undertakes to apply the prices in force as indicated to Customers at the time of placing the order, subject to the availability of Products on that date.

 Any bank costs associated with the use of the bank card on the Website shall be borne by Customers.

4. ORDERING

4.1 Customer identification

During the process of ordering a Product on the Website, Customers may proceed to the payment of their purchases:

 (i)  by creating a Customer account or where appropriate, by logging on to their existing Customer account,

  (ii) without creating a Customer account.

(i) Ordering via a Customer account

 If Customers hold a Customer account, they must enter the applicable login (email address) and password to log in.

Should it not be the case, Customers will be asked to create a Customer account by providing the following information: title (Mr/Ms/Miss (optional), surname, first name, email address, birth date (optional) and by creating a password.

When placing the first order, Customers will be requested to enter the following necessary additional information so that it may be processed: telephone, postal address, invoicing address and delivery postal address.

In any event, Customers may modify, at their sole discretion, the personal information they have recorded in their Customer account, when placing each order. 

Any personal information collected as such is processed by EDEN PARK in accordance with Article 10 below entitled Personal Data.

The login and password are strictly personal. Consequently, Customers undertake to store this data securely and not to disclose it to third parties. EDEN PARK shall not under any circumstances be held responsible for any loss, theft or fraudulent use of the Customer account. Where appropriate, Customers undertake to inform EDEN PARK as soon as possible.

(ii) Ordering without a Customer account

 Customers may also place an order without creating a Customer account, either directly on the Website or by telephone via Customer Services on 00 33 (0)1 55 90 44 00.

 Customers will then be requested to enter the following information required for the fulfilment of the order: title (Mr, Ms, Miss), first name, surname, email address, telephone, postal address, invoicing address and delivery postal address.

 A Customer account will not be created and all of the Customer contact details will have to be re-entered when Customers place their next order.

 If Customers place an order without creating an account, they cannot track the progress of such orders.
        

4.2 Order confirmation

4.2.1 Customers have 7 days from the moment the last item is added to the shopping basket to confirm their order. After this period, the Shopping Basket is emptied automatically of its contents and the order is deemed to be cancelled.

 For all exceptional orders (particularly for large quantity orders), Customers are asked to contact Customer Services by telephone on 00 33 (0)1 55 90 44 00 or by clicking the "Contact us" button.

 4.2.2 Every order implies explicit and irrevocable acceptance of the price and description of the Product available for sale.

 In order to confirm their order, Customers must declare that they are aware of and irrevocably accept these General Terms and Conditions of Sale as well as the conditions of use of their personal data set out in Article 10 below, by ticking the corresponding box.

 In order to enable them to modify the order before finally confirming it, Customers have access to an order summary screen.

 Customers then agree, by ticking the corresponding box, that the final confirmation of their order implies an obligation for them to pay, which is indicated on the order summary screen.

 The order is not officially recorded until the final confirmation of the corresponding order payment screen.

 As from this final acceptance click, the order is deemed to have been placed.

 4.2.3 Once the order is confirmed, Customers are allocated an order number, which must be kept in case of any subsequent claim.

 Once the order is recorded and payment is authorised by the bank, Customers will receive a confirmation email containing:

 - the order details (essential Product characteristics, prices, etc.),

- the order number,

- the delivery procedures,

- the withdrawal period and procedures,

- a sample withdrawal form, and

- these General Terms and Conditions of Sale.

 In the event a Product that Customers have ordered on the Website becomes unavailable, EDEN PARK shall promptly notify Customers by e-mail or telephone, giving them the option to either cancel the order in full or to be refunded partially for the undelivered Product.

 4.2.4 Customers are informed with regard to their order that the “Fraud Expert” solution is used in conjunction with the remote payment processing system, and that their personal data is subject to processing, for which the data controller is Ingenico e-Commerce Solutions SPRL, for the purpose of the prevention and fight against fraud (determination of a level of risk associated with a transaction, the detection and management of any alerts resulting therefrom, information from EDEN PARK for decision-making by the latter, “human” verification of transactions that involves a certain level of risk and score modelling).

 The collection of certain personal data from Customers is mandatory for this purpose. Failing that, the transaction may be delayed or its process considered as impossible, the order being then cancelled.

 Any personal information collected as such is processed by Ingenico e-Commerce Solutions SPRL in accordance with Article 10 below entitled Personal Data.

 This data is intended for the authorised departments of the Ingenico e-Commerce Solutions entities that intervene within this processing procedure, and for EDEN PARK, as well as for any third party whose intervention is necessary for the smooth running of the payment process and the functioning of the services offered.

 4.2.5 EDEN PARK also reserves the right to cancel the sales contract in the following cases:

 - any order from a Customer with whom it is in dispute over a previous order;

 - if EDEN PARK considers that Customers have infringed these General Terms and Conditions of Sale or are engaged in fraudulent activities (customer account number, an abnormal quantity of products ordered etc.), or

- for any other legitimate reason.

4.3 Invoicing

 Once their order has been processed, Customers receive the corresponding invoice by email summarising the order which has been placed and containing the following information:

  - the order number;

- the number, the date and the amount of the bank transaction;

- a detailed and exhaustive list of Products ordered; and

- the shipping method and cost.

   It is also available on the Customer accounts.

   Customers are advised to keep this document, which is official proof of the order.

4.4 Order tracking

Upon receipt by Customers of the confirmation email of the order, they may track its state of progress and delivery by logging on to their Customer account in the “My Account” space.

In any event, Customer Services may be contacted, by email at contact@eden-park.tm.fr or by telephone on 00 33 (0)1 55 90 44 00 for any questions relating to the placing of the order and its fulfilment: information on the Product, finalisation and tracking of the order, conditions and terms of exercising the right of withdrawal and after-sales service etc.

5. PAYMENT

5.1 Payment method

Customers may only pay for the order using a bank card via the secure payment server. The methods of payment permitted are:

                          • Bank card (Visa, Mastercard and American Express)

                         • PayPal

                         • Amazon Pay

 Customers are not entitled to pay online using any type of EDEN PARK gift voucher or loyalty voucher, or credits issued by a store within the EDEN PARK network.

 Orders placed online on the Website do not accrue loyalty points for EDEN PARK club card holders.

 Promotional codes are issued during special Website campaigns. Customers are notified of promotional codes by email or by a message displayed directly on the Website. They must enter them in a box provided for this purpose upon validation of the shopping basket.

5.2 Secure payment

The payment for an online order is made during the ordering process by the following payment methods:

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

Customers' bank account will be debited as and when the Products are dispatched.

In order to ensure the security of payments, EDEN PARK uses the secure payment service of a service provider: INGENICO e-commerce Solution SPRL (INGENICO).

This service incorporates safety standard SSL3.0. Confidential data is encrypted on the INGENICO server and is not at any time sent to the EDEN PARK computer server. This standard is an international safety standard, the objectives of which are to ensure the confidentiality and integrity of the data of the card holders, and consequently to secure the protection of the card data and the transaction.

INGENICO shall thereby ensure the utmost data security in respect of the Customers’ payment methods. The payment request is routed in real time to the secure payment system administrator INGENICO that carries out various checks to prevent abuse and fraud.

During the validation of the order, Customers must indicate their bank card’s number as well as their expiry date and security code.

The bank card details are then stored, in encrypted format, by the EDEN PARK payment provider, INGENICO, during the effective secure payment of the order and up to the expiry of Customers’ right of withdrawal period, so that any refund of amounts paid may be credited to their account and then, for a period of eighteen (18) months from the date of the transaction. After this time period, the data will be erased or made anonymous.

The data relating to bank cards provided when customers place orders are only used by INGENICO for the sole purpose of performing the transaction.

Customers’ bank card number is displayed entirely when entered but only the last four (4) digits will be visible in Customers’ accounts for Visa, Eurocard, Mastercard cards and American Express cards, the other digits will be concealed for security purposes.

In accordance with Act n°2000-230 of 13 March 2000 adapting the law on proof and evidence to information technologies and on electronic signature, the online transmission of Customers’ bank card numbers and the final confirmation of the orders of Products by them have probative force for the payability of the sums due in settlement of their orders. 

In the event of the fraudulent use of Customers’ cards, it is Customers’ responsibility to immediately contact, as soon as they becomes aware of such use, Customer Services on 00 33 (0)1 55 90 44 00.

• Via the Customers’ PAYPAL accounts 

             By selecting payment via PayPal, Customers will be automatically directed to their PayPal account. Once the PayPal payment has been validated, Customers may terminate their orders on the Website.

• Via the Customers’ Amazon Pay accounts

             By selecting payment via Amazon Pay, Customers will be automatically directed to their PayPal account. Once the Amazon Pay payment has been validated, Customers may terminate their order on the Website.

The orders are thereby recorded and validated as soon as payment is accepted by the Customers’ bank.

The total amount of the order is debited from Customers' accounts once the Product is shipped from the EDEN PARK warehouses and following confirmation by the security systems (Ingenico).

The order invoice is sent to Customers by email upon confirmation of the shipment of their order and is also available on their Customer account. On simple request, the invoice can be sent to them in paper form.

6. SHIPPING CHARGES,DELIVERY CONDITIONS AND TIMES

6.1 Delivery area

The Products purchased on the Website are delivered to the delivery address that Customers have indicated during the order process, which may differ from the invoice address, that is, only in metropolitan France (including Corsica), Monaco and the following countries: Belgium, Germany, Spain, Ireland, Italy, Luxembourg, Netherlands, Portugal, United Kingdom.

6.2 Shipping charges

Shipping charges applicable to each delivery method available for each country are detailed in the table below.

*Included taxes

- Not applicable 

The delivery charges are indicated in the order summary before validation. This amount is owed by the Customer in addition to the price of the purchased Products. 

6.3 Delivery time

The Products purchased on the Website may be delivered, at Customers’ discretion, to an address located in one of the following countries, in accordance with the available delivery methods and the associated delivery schedules set out in the table below:

- Not applicable

The delivery time indicated on the Website and in the order confirmation email is given in working days (subject to available stock), from the moment EDEN PARK sends the order confirmation email.

 This period corresponds to the average period estimated and factors in the processing, preparation, and routing time of Customers' order. When there is no indication or specific agreement as to the delivery date, orders may not, under any circumstances, be delivered more than thirty (30) days after the conclusion of the contract.

 In view of the limits enacted by the current regulations applicable to the airline transportation of perfumes, toilet waters and cosmetics, it is expressly specified that Chronopost delivery times as detailed in the above table may be increased for such Products by an additional indicative period of five (5) to (6) working days.

 EDEN PARK does not accept liability in the event of late delivery for any reason whatever. Consequently, no compensation of any kind can be claimed from EDEN PARK by Customers.

 However, in accordance with the provisions of Articles L.216-1 and L.216-2 of the Consumer Code, if the order has not been delivered within the time required or if an injunction from Customers, submitted via registered mail with return receipt or in writing on a durable medium, to deliver the order within a reasonable additional period remains without effect, Customers may obtain resolution of the contract by sending a registered letter or written notice on any durable medium.

6.4 Terms of delivery

Customers are informed by email when the orders are dispatched from EDEN PARK warehouses. The orders can be tracked via the courier’s website, as provided in the email.

 EDEN PARK guarantees the safe shipping of Products. Transportation risks are borne by EDEN PARK, provided that Customers check the condition of the packaging and that the Product delivered appears to be the same as the order and record, where appropriate, any necessary comments on the courier’s delivery slip, before signing the slip. In the event that Customers does not record any comments at the time of delivery or does not refuse delivery, no subsequent claim regarding the condition of the package delivered shall be admissible by EDEN PARK.

 Customers must inform Customer Services of any delivery problems within 24 hours, even when shipping costs are included.

 In the event that the package is lost during transportation, investigations may take from one (1) to three (3) weeks.

 In the event of an incomplete or incorrect address, the refusal by the recipient to accept the package or lack of information making it impossible to deliver the Product to the recipient in time, EDEN PARK cannot be held liable for such non-delivery.

 If this lack of information leads to a second delivery attempt to the recipient, EDEN PARK reserves the right to ask Customers to pay the costs of the second delivery. Addresses with post office box, Cedex, camp ground, military or institutional indications will not be processed if they are not accompanied by a physical address.

 In the event that the recipient is absent at the time of delivery, as part of the courier’s delivery guarantee, an attempted delivery notice will be left in the recipient’s letter box. The recipient must then collect the package from the address given on the attempted delivery notice, on presentation of the notice and a form of ID in the name of the person making the collection.

 In the event that the recipient is absent, EDEN PARK cannot be held liable for the non-delivery.

 Under no circumstances can a delivery be made if there is a dispute with Customers, who must not have any unfulfilled obligations towards EDEN PARK.

7. RETURNS ANS EXCHANGES

7.1 Withdrawal period 

As part of their right of withdrawal defined in Article L.221-18 et seq. of the Consumer Code, Customers have:

- a period of fourteen (14) calendar days from the date of receipt of their order to cancel it for any Product purchased on the Website.

- a period of fourteen (14) calendar days from the date of the notification of their decision to withdraw to return the Product concerned and request its reimbursement, delivery costs included, with the exception of the return costs which will remain the Customers’ responsibility.

 After the expiry of the aforesaid periods, Products may only be reimbursed pursuant to the legal guarantee of conformity and/or against hidden defects in accordance with Articles L.217-4 et seq. of the Consumer Code and Articles 1641 et seq. of the Civil Code.

7.2 Notice of withdrawal

To cancel their order pursuant to their right of withdrawal, Customers must notify their intention to withdraw by sending Customer Services the withdrawal form template below or any other statement devoid of ambiguity containing information relating to the sale (i.e., order number, order date, date the Product was received, Product reference, Product colour and size, consumer's name and address):

- by post for the attention of:

FLANKER SAS

Service e-commerce
10/12 rue de Mont-Louis
75011 Paris

- or or by email to the following address:

contact@eden-park.tm.fr

• In this respect, Customers may use this sample withdrawal form (click here to download the form). This form is also attached in the order confirmation email received by Customers.

Upon receiving notification of their withdrawal, Customer Services will send Customers by email the Product return procedure to be followed.

7.3 Procedure for returning products

Products should be returned by Customers without undue delay, in any event within fourteen (14) calendar days of having notified EDEN PARK of their decision to withdraw, to the following address:

CLOG
Service retours EP
ZAC de la Costardais
22690 Pleudihen sur Rance

They must be sent in their original packaging with a copy of the return procedure that will have been sent by Customer Services. This procedure will include the order and return numbers; Customers will be requested to indicate the reason for return.

 The order and return numbers must also appear on the outer packaging of the parcel.

 The returned item must be in good condition and should not have been worn. Any Products returned incomplete, deteriorated, damaged or dirty will not be taken back.

 Product exchanges are not possible.

 Undergarments (underpants and socks) are not covered by a right of withdrawal under Article L.221-28, paragraph 5, of the Consumer Code when the Products were unpacked and tried on. 

 Products are returned at Customers’ expense and risk, unless this return is justified by a hidden defect or the non-conformity of the Products delivered (reference error, damaged Product, etc.). In the event that one of the above cases is applicable, it will be necessary to contact Customer Services by sending an email to contact@eden-park.tm.fr, explaining your request. The latter will then inform them of the applicable procedure.

In any case, EDEN PARK cannot be held responsible for the loss of a package returned by Customers.

7.4 Reimbursement

Upon receipt by EDEN PARK of the Product returned by Customers, reimbursement of the Product returned will be provided, shipping costs included, by crediting the bank account linked to the payment card used for the purchase within fourteen (14) calendar days following the date of notification of Customers’ decision to withdraw.

 For the avoidance of doubt, if the return package is not received within fourteen (14) calendar days of receipt by EDEN PARK of the order cancellation notice, the reimbursement of the amount of the order placed, including shipping costs, may be deferred until the first of the two following dates:

 - the date on which the Product is received by EDEN PARK

• or

- the date on which Customers provided certified proof of shipment of the Product(s).

 Under no circumstances may Customers be given a credit, electronic or otherwise, issued by EDEN PARK in this respect.

7.5 Exchange of products 

Products ordered from the website www.eden-park.com cannot be exchanged or refunded at an EDEN PARK store. EDEN PARK also does not accept the exchange or refund of products purchased in an EDEN PARK store through the website www.eden-park.com.

8. E-RESERVATION SERVICE IN EDEN PARK STORES

EDEN PARK offers Customers of the Website the possibility to benefit from an e-reservation service in its network stores, delivered by a service provider : Close To Me/SoCloz.  Customers may, after having checked the availability of a Product, reserve the Product free-of-charge in the store that they have selected.

 The reservation period for the Product concerned shall be specified in the confirmation email sent to Customers. This e-reservation service does not constitute a sale but a simple Product reservation with no obligation to purchase.

 The use of the e-reservation service for a Product on the Website necessarily implies the express acceptance by Customers of all of the provisions of Close To Me/SoCloz’s General Terms and Conditions of Use and associated documents made available during the reservation process, including but not limited to provisions relating to the processing of Customers’ personal data.

 All personal information collected from Customers as part of the e-reservation service (title (Mr, Ms, Miss), first name, surname, email address, telephone) is required for the processing of the e-reservation request made by Customers. Failure to provide such information by Customers will make it impossible for the service provider Close To Me/SoCloz to process the request.

 The personal information thus collected is processed by Close To Me/SoCloz in accordance with Article 6 entitled Personal Data of its Terms of Use accessible during the e-booking process which informs Customers of their rights relating to such data and of the conditions of their exercise.

9. GUARANTEES

Customers may submit a claim under the legal guarantee of conformity set out in Articles L.217-4 et seq. of the Consumer Code or under the guarantee against hidden defects of the Product sold as described in Articles 1641 et seq. of the Civil Code, to the guarantor of the sale, i.e. the company FLANKER, 10-12, rue Mont Louis - 75011 Paris.

 The company FLANKER is liable for faults in the conformity of the Product covered by contract under the terms set out in Article L.217-4 et seq. of the Consumer Code and for hidden defects in the Product sold under the terms set out in Articles 1641 et seq. of the Civil Code.

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

If the product ordered by the Customer presents a lack of conformity that exists at the time of delivery, EDEN PARK undertakes to replace the product, subject to available stock. If replacement is not possible, EDEN PARK will reimburse the price after the product is returned by the Customer.

"Article L.217-4 of the Consumer Code

The seller delivers an item that conforms to the contract and is responsible for faults in conformity that exist at the time of delivery.

The seller is also responsible for faults in conformity arising from packaging, assembly instructions or installation when the contract assigns it responsibility for the latter or when it was carried out under its responsibility.

Article L.217-5 of the Consumer Code

The item conforms to the contract:

1. If it is fit for the use normally expected of a similar item and, where applicable:

-       if it matches the description given by the seller and has the qualities that the seller represented to the buyer in the form of a sample or model;

-       if it has the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the manufacturer or its representative, particularly in advertising or labelling;

2. Or, if it has the characteristics defined by mutual consent between the parties or is fit for any special use sought by the buyer, as communicated to and agreed to by the seller.

Article L.217-6 of the Consumer Code

The seller is not bound by the public statements of the manufacturer or its representative if it is established that the seller was not aware of them and was legitimately not in a position to be aware of them.

Article L.217-7 of the Consumer Code

Defects in conformity that appear within a period of twenty-four months from delivery of the item are deemed to exist at the time of delivery, unless proven otherwise.

For second-hand goods sold, this period is set at six months.

The seller may argue against this stipulation if it is not compatible with the nature of the item or the lack of conformity reported.

Article L.217-8 of the Consumer Code

The buyer is entitled to demand that the item conform to the contract. However, he may not contest conformity by invoking a lack of conformity he knew about or of which he could not have been unaware when entering into the contract. This also applies when the lack of conformity is due to materials he provided himself.

Article L.217-9 of the Consumer Code

In the event of a lack of conformity, the buyer chooses between having the item repaired or replaced.

However, the seller may choose not to heed the buyer's choice if this choice results in a clearly disproportionate cost with respect to the other option, given the value of the item or the significance of the lack of conformity. The seller is then required to proceed, unless it is impossible, with the option not chosen not by the buyer. 

Article L.217-10 of the Consumer Code

If it is impossible to repair or replace the item, the buyer can return the item and receive a refund of the price or keep the item and receive a partial refund of the price.

The same right is available to him:

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

2. Or if this solution cannot be implemented without major inconvenience to him in light of the nature of the item and his intended use.

However, the cancellation of the sale cannot be validated if the lack of conformity is minor.

Article L.217-11 of the Consumer Code

The provisions of Articles L.217-9 and L.217-10 are applied without any cost to the buyer.

These same provisions do not bar the awarding of damages and interest.

Article L.217-12 of the Consumer Code

Any action arising from a lack of conformity must be taken within two years after delivery of the item.'

9.2 Guarantee against hidden defects (Articles 1641 to 1648 of the Civil Code)

In case of hidden defects, EDEN PARK undertakes to reimburse the total price of the product, after Customers returns the product, or the price determined by an expert if customers chooses to keep the product. 

Article 1641 of the Civil Code

The seller is bound by a guarantee against latent defects of the thing sold which makes it unfit for the use for which it is intended, or which so impair that use that the buyer would not have bought it or would have only paid a lower price for it, if he had known. 

Article 1642 of the Civil Code

The seller is not liable for apparent defects which the buyer was able to see for himself. 

Article 1643 of the Civil Code

The seller is liable for latent defects, even when he was not aware of them, unless, in this case, he stipulated that he would not be bound by any guarantee. 

Article 1644 of the Civil Code

In the case of Articles 1641 and 1643, the buyer has the choice to return the thing and be refunded the price, or to keep the thing and be refunded for part of the price. 

Article 1645 of the Civil Code

If the seller knew about the defects in the thing, he is required, in addition to refunding the price received for it, to pay any interest and damages to the buyer.

Article 1646 of the Civil Code

If the seller did not know about the defects in the thing, he will only be required to refund to the buyer the costs of the sale.

Article 1647 of the Civil Code

If the thing which had defects perished as a result of its poor quality, the loss is ascribed to the seller, who shall be required to refund the price to the buyer and to pay him other damages as explained in the two previous articles.

But the buyer shall not be liable for a loss caused by an unforeseeable event.

Article 1648 paragraph 1 of the Civil Code

Any action arising from impairing defects must be brought by the purchaser within two years of discovering the defect.'

9.3 Implementation procedure 

To take advantage of the guarantee which applies under the conditions mentioned above, Customers must send an email to Customer Services: contact@eden-park.tm.fr, in which they will describe the failure and/or defect in the Product and will demonstrate its existence.

 Upon receipt, Customers will be informed whether their guarantee request is accepted and, where applicable, the terms of such guarantee, in accordance with the conditions mentioned above.

10. PERSONAL DATA PROTECTION

10.1 When Customers visit the Website or order Products, EDEN PARK may collect personal data concerning them through questionnaires or forms, particularly upon the creation of their Customer Account or the processing of their order.

 The nominative information indicated by an asterisk is compulsory for processing the orders and their payment, the delivery of the Products and the issue of the invoices and related documents, as well as to respond to Customer’s questions.

Should these fields not not completed by Customers, EDEN PARK may not able to perform the required services. The other information, intended to know Customers better, is, on the other hand, optional, and Customers are free not to answer.

 EDEN PARK also offers Customers the options to receive the “EDEN PARK newsletter” by email informing them of the current offers relating to the Products as well as any related information. If Customers do not wish to receive such information by e-mail, the corresponding box must be ticked. At any time, Customers may choose to no longer receive the EDEN PARK newsletters by contacting Customer Services by email at contact@eden-park.tm.fr or by activating the unsubscription link displayed on each email.

10.2 The information or personal data that Customers send to EDEN PARK when creating an account, completing a form, or placing or executing an order, is used for the purposes of the following processing operations:

• For the performance of the sales contract, in order to ensure the smooth processing of the Customers’ orders:

- Order, delivery of Products, invoicing, payment operation, information on the tracking of the order, the after-sales services, management of returns and refunds

- Sharing of information with the business partners for the performance of the sales contract

• When Customers have given their consent:

- Personalisation of the Customers’ browsing experiences on the Website

- Mailing of EDEN PARK offers that best match Customers’ preferences and interests, through in particular targeted offers sent by email and banners on third-party websites

- Sharing of information with trading partners

• When this is in the legitimate interests of EDEN PARK (a justified and balanced business interest):

- Fraud prevention

- Knowledge of Customers and statistical studies: satisfaction survey, statistical, analysis, selection and customer segmentation operations in order to improve Customer knowledge

- Participation in a competition or a lottery

• When this is required by a legal provision:

- Bank card data storage following a payment (Article L.133-24 of the Monetary and Financial Code).

10.3 The personal data collected will be processed in compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (European Regulation on Data Protection).

 At any time, Customers have the right to access, rectification, erasure and objection rights for legitimate reasons in respect of their personal data, as well as a right to object to processing for direct marketing purposes. Customers may also request the portability of their data, the limitation of its processing and may also provide EDEN PARK with instructions relating to the output of such data following their death.

 To exercise these rights, Customers can:

 (i) directly access their personal data and/or change the data by going to the "My Account" section and logging into the Website with their password; or

(ii) make a request, by indicating its purpose and by attaching a copy of their proof of identity, to one of the two following addresses: Flanker (Eden Park), Service e-commerce, 10-12 rue de Mont Louis 75011 Paris or contact@eden-park.tm.fr.

 A response will be sent to Customers by EDEN PARK within a maximum period of one (1) month following the date of receipt of Customers’ request. This period may be extended to two (2) months, where appropriate, bearing in mind the complexity and number of requests. In this case, EDEN PARK shall inform Customers of this extension and the reasons for the postponement within a period of one (1) month as from the receipt of Customers’ request.

The period of time for the storing of Customers’ personal data is of five (5) years starting from:

• for prospects (who have never made a purchase with EDEN PARK), from their last activity (prospects are considered as being active for example when they log on to their account or opens a newsletter);
• for Customers (who have already made a purchase with EDEN PARK), from their last purchase or activity (Customers are considered as being active for example when they log on to their account or open a newsletter).

In the event of a request to erase data by Customers or of the expiry of the period for holding data, EDEN PARK reserves the right however to store such data in its archives and for as long as necessary to satisfy its legal, accounting and tax obligations (such as for example, the obligation to store invoices for a period of 10 years as set out in Article L.123-22 of the Commercial Code or the limitation period applicable under ordinary law of 5 years as set out in Article 2224 of the Civil Code).

 At any time, Customers may lodge a complaint before the competent supervisory authority (the list of which is available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm, the competent authority France being the CNIL : www.cnil.fr).

 10.4 Customers are moreover informed that the Fraud Expert solution is used with respect to their order on the Website and that their personal data shall be subject to additional processing beyond remote payment processing. Ingenico e-Commerce Solutions SPRL (INGENICO) is the data controller of this additional processing, the purpose of which is the prevention and fight against fraud, the determination of the level of risk and score modelling.

 Fraud may lead to the recording of Customers’ data in a file to be held by Ingenico, in order to keep track of this data, in particular for inputting risk assessment criteria and the score models used. This may lead to allocating Customers with a heightened level of risk when placing their next order with a trader in the same business sector who has selected the Fraud Expert solution, and where necessary, a rejection of this order by said trader.

 The data collected by INGENICO as part of the secure payment described in article 5.2 above and the prevention of fraud mentioned in this article will be retained for a period of eighteen (18) months from the date of the transaction. After this time period, the data will be erased or made anonymous.

 Customers have the right to query, access, amend, delete and object on legitimate grounds to the processing of their personal data collected by INGENICO through the Fraud Expert solution or during secure payment related to the transaction. Customers may also request the portability of their data, the limitation of its processing and may also provide Ingenico e-Commerce Solutions SPRL with instructions relating to the output of such data following their death. These rights may be exercised by postal mail to : Ingenico e-Commerce Solutions SPRL – Service Juridique “Protection de la vie privée” - Boulevard de la Woluwe 102 – B-1200 Brussels (Belgium) or by email to: privacy@ecom.ingenico.com, together with a copy of an identity card.

10.5 Some data, in particular personal data, may be sent securely to technical partners under contract with EDEN PARK for the performance of sub-contracted tasks necessary for the management of Customer accounts for the fulfilment of Customers’ orders, the delivery of Products and the provision of services, the fight against fraud, making payments, for some aspects of the after-sales service and to conduct customer satisfaction surveys.

The subcontractors of EDEN PARK shall undertake in particular the following commitments:

1. processing data solely for the purpose(s) of the subcontracted tasks;
2. processing data in accordance with the EDEN PARK documented instructions;
3. guaranteeing the confidentiality of personal data processed within the framework of these General Terms and Conditions of Sale;
4. ensuring that the EDEN PARK staff authorised to process the personal data:
• undertake to respect confidentiality or are subject to an adequate statutory duty of confidentiality,
• receive the information required in respect of the protection of personal data.

10.6 During consultation of the Website, some information relating to the navigation of Customers’ devices may be registered in files entitled “Cookies” installed on their device, subject to the choices that Customers have expressed in respect of Cookies and that they may change at any time.

 A Cookie is a small text file registered in a dedicated space on the hard drive of Customers’ device, when consulting the Website using Customers’ browsing software. It allows its issuer to identify the device in which they are registered, throughout the period of validity or the storage of the Cookie.

 When Customers browse the Website for the first time, EDEN PARK shall request the Customers’ authorisation for the installation of Cookies.

 The Cookies that EDEN PARK or its subcontractors issue(s) are used for the purposes described below, throughout the period of validity of the Cookie concerned, subject to the Customers’ choice resulting from their browsing software settings used during their visit to the Website and which they may change at any time.

 Cookies from partner companies (third-party cookies) may be placed in the Customers’ computer via the Website pages or via the content disseminated to the advertising spaces of EDEN PARK. These spaces contribute to the financing of the content and services that EDEN PARK makes available to Customers.

 These Cookies are issued by EDEN PARK for the purpose of facilitating the Customers’ browsing experience on the Website. They may be issued by the partners of EDEN PARK in order to personalise the advertising offer that is sent to Customers outside the Website.

 Only the issuer of a Cookie may read or change the information contained therein.

 The various types of Cookies used on the Website have different purposes. These may include:

 Strictly necessary Cookies, the objective of which is to adapt the presentation of the Website to the display preferences of the Customers’ device, to store the contents of the Customers’ shopping basket, etc.

• Functional cookies, the objective of which is:
  • To store the information entered in forms, to manage and secure access to reserved and personal spaces such as the Customer’s account, to manage the Customers’ shopping basket etc.
  • To provide the Customers’ content, including advertising, based on their interests and to personalise the offers that EDEN PARK sends to them.
• Analytical Cookies, the objective of which is to establish the website usage statistics (number of visits, page views, abandonment of the order process, etc.) in order to track and improve the quality of the EDEN PARK services.

Any settings implemented by Customers may modify their browsing experience on the Internet as well as their conditions of access to certain services requiring the use of Cookies.

 Customers have several possibilities to manage the Cookies:

 Customers have the option at any time to express and modify their wishes in respect of Cookies. They may set their browser configuration so that Cookies are recorded in their device or on the  contrary are rejected, either automatically or according to their issuer. They may also set their browser configurations so that the acceptance or refusal of Cookies is proposed to them from time to time, before any cookie is recorded in their device. 

(i) Accepting Cookies

Recording a cookie in a device is essentially subject to the device user’s wishes, which can be expressed and modified at any time, free of charge through choices that are offered by the browser software.

If Customers have accepted the recording of cookies in their browser software and in their device, the cookies integrated in the pages and contents that they have consulted can be temporarily stored in a dedicated space in their device. They can only be read by their issuer.

(ii) Refusing Cookies 

If Customers refuse the recording of cookies in their device, or if they delete those that have been recorded, they will not be able to benefit from a certain number of functionalities that are nevertheless necessary when browsing in certain areas of our Website.

This would be the case if Customers have tried to access content or services that require them to be identified. This would also be the case when EDEN PARK, or its service providers, are unable to recognise, for the purposes of technical compatibility, the type of browser used by Customers’ device, its language and display settings or the country from which Customers’ device seem to be connected to Internet.

 If applicable, EDEN PARK declines all liability for the consequences arising from the deteriorated functioning of its services resulting from the impossibility for it to record or consult the Cookies necessary for their functioning that Customers have refused or deleted.

 10.7 The period of time cookies issued by EDEN PARK are stored is 13 months starting from their collection.

 10.8 The Website may contain links to and/or from third-party websites. EDEN PARK has no control over the content, the confidentiality and personal data protection policy, or the actions of these websites and assumes no liability in this regard.

11. INTELLECTUAL PROPERTY

All elements of the EDEN PARK Website (designs, models, illustrations, images, sound tracks, text, logos, brand names, etc.) including the underlying technology, which constitute the Website are the exclusive property of EDEN PARK and are protected by copyright, brand names or patents.

It is forbidden for anyone to reproduce in whole or in part, by any means whatsoever, to represent, distribute, publish transmit, download, modify or sell all or part of the contents of the Website, or to create works which are derived from the Website.

It is forbidden to remove any copyright notice, brand name or other exclusive rights from the Website or from any content featured on the Website.

A single copy of the web pages published on the Website is authorised for strictly private, personal and non-commercial use, subject to any copy of these pages retaining their copyright and exclusive rights notices.

Any user who possesses a private website and who wishes to place, for personal use, a simple link on a website linking directly to the welcome page of the Website, must request written permission from EDEN PARK.

However, any hypertext link to the Website using the technique of framing, deep-linking, in-line linking or any other linking technique is strictly forbidden under all circumstances.

In any case, any link must be removed immediately following a simple request from EDEN PARK.

12. LIABILITY - FORCE MAJEURE

EDEN PARK does not accept liability for any inconvenience or damage pertaining to the use of the Internet, particularly a break-down in service, external hacking or the presence of viruses.

 EDEN PARK does not accept liability under any circumstances for indirect, incidental, special or consequential damages, and in particular, without this being exhaustive, business interruption, loss of profits or opportunity resulting from the purchase of Products from EDEN PARK on the Website.

EDEN PARK nevertheless retains liability for faults in fitness for use of its Products sold on the Website and the legal guarantee relating to hidden defects pursuant to the provisions of Article 9 above.

 Generally, EDEN PARK is not liable for any failure in its contractual obligations in the event of force majeure or unforeseen circumstances, including, but not limited to: partial or general interruption or strike, particularly affecting postal services, transport networks and/or telecommunications, fire, flooding, natural disaster, internal or external power outage, and generally any event beyond the control of EDEN PARK which prevents the proper fulfilment of orders.

13. ENTIRE AGREEMENT

In the event that one of the clauses hereto of these General Terms and Conditions of Sale shall become null and void through a change in legislation, regulations or a judicial ruling, this shall not under any circumstances affect the validity and legitimacy of the other clauses contained in the present General Terms and Conditions of Sale.

14. APPLICABLE LAW - DISPUTES - CONSUMER OMBUDSMAN

These General Terms and Conditions of Sale are governed by French law.

 In the event a dispute arises, Customers and EDEN PARK undertake to seek an amicable solution before any legal action. All Customer claims must be submitted to EDEN PARK by email to the following address: contact@eden-park.tm.fr. Such claim must be grounded and contain any and all elements necessary for its processing, including identity (first and last name), contact information (mailing address, email address), as well as the order reference number, etc.).

 If there is an unresolved out-of-court complaint, for any purchase made on the Website or in EDEN PARK stores, Customers have the right to consult a consumer ombudsman, in accordance with Articles L.612-1 to L.612-5 of the Consumer Code.

 EDEN PARK being a member of the French E-Commerce and Distance Selling Federation (FEVAD), Customers may send a request to its mediation department:

- by post to 60, rue de la Boétie - 75008 Paris,

- or by email to the following address: relationconso@fevad.com.

 If no amicable solution is reached, applicable law courts shall have sole jurisdiction.