Between the Company EMIR STORE situated in the Medina au 138,140 rue de Crimée, 13003 Marseille, with the Capital of €2000, registered in the Marseille Trade and Companies Register under the number 822574844, SIRET Number 82257484400012. The company can be reached by email by clicking on the contact form accessible via the home page of the site. Hereinafter the “Seller” or the “Company”.
On one part, And the natural or legal person purchasing the products of the company, Hereinafter, “the Seller”, or “the Client” On the other part, it is thereby agreed as follows:
The Seller is the publisher of EMIR products exclusively for the use of consumers, marketed through their website https://www.EMIR-store.com/. The list and description of the articles offered by the Company EMIR STORE can be referred to at the aforementioned site.
Article 1: Purpose These Terms and Conditions of Sale determine the rights and obligations of the parties in the domain of online sale of Products offered by the Seller.
Article 2: General provisions
The following Terms and Conditions of Sale (Terms and Conditions) apply to all sales of Products undertaken via the website of the Company which are an integral part of the contract between the Buyer and the Seller. The Seller reserves the right to change these terms, at any moment by the publication of a new version on their website. The applied Terms and Conditions are therefore those which are valid at the date of payment (or the first payment in the case of multiple payments) of the order. These Terms and Conditions can be referred to on the website of the Company at the following address: https://www.EMIR-store.com. The Company also guarantees that their acceptance of these terms is clear and without reservation by implementing a tick in a check box and a click of approval. The Client declares that they are aware of the entirety of these Terms and Conditions of Sale, and, where appropriate, the Specific Terms and Conditions of Sale related to a product or a service, and accepts them without restriction or reservation. The Client recognizes that they have benefited from the advice and information required to ascertain that the offer meets their requirements. The Client declares that they are in the position to legally enter into this agreement according to French law or to validly represent the natural or legal person to whom they are bound. Without evidence to the contrary, the information registered by the Company constitutes proof of all transactions.
Article 2: Price
The price of the products sold through the websites are in euros with all tax included (VAT + any other taxes) on the order page of the products, and additional fees specific to delivery are specified clearly on the description pages of the Products. For all products sent outside of the European Union and/or French Overseas Departments and Territories, the price is calculated automatically on the invoice excluding taxes. Customs duties or other local taxes or import duties or state taxes are liable for exemption in certain cases. These duties and sums are not the responsibility of the Seller. They will be paid by the buyer and are their responsibility (statements, payment to competent authorities, etc.). In this respect the Seller invites the buyer to inquire about such matters to the corresponding local authorities. The Company reserves the right to change their prices at any moment in the future. Telecommunication costs to access websites of the Company are borne by the Client. This is equally true for delivery costs where appropriate.
Article 3: Conclusion of the online contract
The Client shall follow a series of specific steps for each Product offered by the Seller to be able to carry out their order. However, the steps described hereunder are the standard:
- Information on key characteristics of the Product;
- Choice of product, their options as appropriate and indication of essential information about the Client (identification, address…);
- Acceptance of these Terms and Conditions of Sale.
- Verification of the items ordered and, where appropriate, the correction of any errors.
- Following of instructions for payment, and payment for the products.
- Delivery of the products. The client will then receive an email confirmation of the payment for the order, as well as a receipt for the order which confirms it. They will receive a PDF copy of these Terms and Conditions of Sale. As to the products for delivery, delivery will be made to the address indicated by the Client. For the purposes of the successful fulfillment of the order, and under article 1316-1 of the Civil Code, the Client commits to provide truthful details of identification. The Seller reserves the right to refuse the order, for example for any unusual demand, made in bad faith or for any legitimate motive.
Article 4: Products
The essential characteristics of goods and their respective prices are made available to the buyer on the company’s websites. The customer certifies to have received shipping details as well as payment methods, delivery and contract’s execution. The Seller commits to honor the Customer’s order only within the limit of the available Products inventory. Failing to commit, the Seller informs the Customer. This contractual information is provided in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the order’s validation. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Products’ offer and their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except special conditions, the rights granted hereunder are only to the person signing the order (or the person holding the provided email address). In accordance with the legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or those that do not match the order. Refund can be requested in the following way: In case of non-conformity of the products in relation to the order or delivery of a product revealing a hidden defect, EMIR STORE commits, at the buyer’s choice, to either exchange the product for the same product or of equivalent quality and price depending on the availability of the stock, or to refund the product’s price within a maximum period of 14 days following buyer’s request.
Article 5: Title retention Clause
Products remain the property of the EMIR STORE Company until price’s full payment.
Article 6: Terms of delivery
Products are delivered to the shipping address that was shown during the order and the time shown. This time does not consider the order’s handling time. In case of Customer’s error or omission in providing the shipping address, the Company EMIR STORE cannot be held responsible for the inability to deliver the ordered products. The company commits to ship the order within 48h to 4 business days, depending on the delivery method chosen by the buyer.
Delivery will be made within an average of 1 to 4 work days depending on the delivery method chosen by the buyer and in any event within a maximum period of 30 days from the day following the transmission of its order.
Delivery is made by COLISSIMO, MONDIAL RELAY or CHRONOPOST according to buyer’s choice, to the shipping address specified by the buyer when ordering.
The return package assumptions by the carrier are the sole responsibility of the Customer.
The Company will contact the customer by email, so that the latter can communicate his complete address, as well as a check for the returning costs of his order in the amount of: Six (6) Euros for the product shipment by “colissimo” (home delivery),
Without a reply from the Customer within two (2) months from sending of the email, the Company will relist the ordered products.
The Customer will receive a credit of an amount corresponding to the amount of the order, excluding shipping costs.
The Seller provides a telephone contact (cost of a local call from a landline) shown in the order confirmation email to track the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer’s responsibility to notify the carrier of any concerns regarding the delivered product.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or within the available stocks from our suppliers.
Article 8: Payment
Payment is due immediately upon order, including pre-order products. The Customer can pay by credit card or bank check. Cards issued by banks located outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. Once the payment has been sent by the Client, the transaction is immediately debited after verifying the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay provided by card is irrevocable. By providing his bank details during the sale, the Customer authorizes the Seller to debit his card the amount matching to the price displayed. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the Sale is immediately resolved by right and the order canceled.
Article 9: Period of withdrawal conforming to the Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except, where applicable, return charges “.”The period mentioned in the previous paragraph runs from reception of goods or acceptance of the offer for the services”. The right of withdrawal can be exercised by contacting the Company as follows: The Customer has to notify by email his/her desire to cancel the sale within fourteen days, to the following address: EMIRstore1437@gmail.com. If the amount of your original order has allowed you to obtain a benefit (free shipping fees, gifts, …), the refund of returned products will be possible under reserve of the return of benefits. We inform the Customers that conforming with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for returns which in any case are not made in their original packaging and in a perfect state of resale at the following address: EMIR STORE, la Medina au 138,140 rue de Crimée, 13003 Marseille. The consumer’s responsibility is engaged in case of reduction of the goods resulting from manipulations other than those necessary to set up the nature, the characteristics and the best performance of these goods, specifically when the articles are returned incomplete, damaged, scratched, used or dirty. If possible, they must be accompanied by a copy of purchase proof. In compliance with the legal provisions, you will find below the withdrawal standard form to send to the following address: _______ (address). Refund procedure: _____ (describing the refund procedure specifically – especially for large purchases). In the case of exercise of the right of withdrawal within the abovementioned period, only the price of the product (s) purchased and the shipping costs will be refunded, the cost of return will be covered by the Customer.
Article 10: Guarantees Conforming to the law, the Seller assumes a couple of guarantees: of conformity and relative to the hidden defects of the products. The Seller undertakes to deliver a good in compliance to the order made by the Customer.
In the case of non-compliance, the Seller shall be liable for any lack of conformity existing at the time of delivery.
The Seller warrants the Customer against the hidden defects of the sold product rendering it unfit for the intended use, or decreasing so much such use that the Customer would never have acquired it when he/she had known about it.
Article 11: Complaints
If necessary, the Buyer may submit any complaint by contacting the company by email at the following address: EMIRstore1437@gmail.com.
Article 12: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any objects of intellectual property rights are and remain the exclusive property of the seller. None of the assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for some reason whatever is strictly prohibited.
Article 13: Force majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of an unexpected event or force majeure that would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: nullity and modification of the contract
If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
Article 15: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify the personal data about you. By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. All you have to do is click on the link at the end of our emails.
Article 16 Limitation of Liability
It is stipulated a limit of liability of the Seller for the performance of the service to _____________ euros.
Article 17: Applicable law All the clauses appearing in these general conditions of sale, as well as all the operations of purchase and sale which are referred to there, will be subjected to the French right. Any dispute resulting from the formation, interpretation or execution of the sales contract will be the exclusive jurisdiction of the District Court of MARSEILLE.