Terms and Conditions of Sale

Under article 6 of French Act No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the empreinte d’effluves site are informed of the identity of the various parties involved in its production and upkeep:

• Site owner: empreinte d’effluves
• Registered office: 60 RUE FRANCOIS IER 75008 PARIS
• Trade register (RCS) number:
• Shop manager: Empreint d’effluves (contact@empreintedeffluves.com)

Hereinafter referred to as the « Seller » or the « Company », which may be reached using the following details: contact@empreintedeffluves.com

The natural or legal person purchasing products or services from the company, hereinafter the « Buyer » or the « Customer », has been informed of and has agreed to the following.

The Seller publishes empreinte d’effluves Products and Services for consumers, marketed through its websites. The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.

These Terms and Conditions of Sale set out the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.

These Terms and Conditions of Sale (T&Cs) govern sales of Products or Services made through the Company’s websites, and form an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer, who accepted them before placing an order.

The Seller reserves the right to amend these terms at any time by publishing a new version on its website. The applicable T&Cs are those in force on the date of payment (or of the first payment in the case of multiple payments) for the order.

The Company also ensures that acceptance is clear and unreserved by providing a tick box and a confirmation click. The Customer declares that they have read all of these Terms and Conditions of Sale, and where applicable the Specific Terms of Sale attached to a product or a service, and accepts them without restriction or reservation.

The Customer acknowledges having received the advice and information needed to satisfy themselves that the offer meets their requirements.

The Customer declares that they have legal capacity to contract under French law, or that they validly represent the natural or legal person on whose behalf they are entering into the contract. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

The prices of the products sold through the websites are shown in Euros excluding tax and/or including all taxes, and are precisely stated on the Product description pages. They are also shown in euros inclusive of all taxes (VAT + any other taxes) on the product order page, and exclude specific shipping costs.

For all products shipped outside the European Union and/or the French overseas departments and territories, the price is automatically calculated excluding tax on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable in certain cases. Such duties and sums are outside the Seller’s control. They are payable by the buyer and are the buyer’s responsibility (declarations, payment to the competent authorities, and so on). The Seller therefore invites the buyer to enquire about these aspects with the relevant local authorities.

The Company reserves the right to change its prices at any time for the future. The telecommunications costs required to access the Company’s websites are payable by the Customer. Where applicable, so are delivery costs.

In accordance with article 1127-1 of the French Civil Code, the Customer must follow a series of steps in order to conclude the contract electronically and place their order:

• Information about the essential characteristics of the Product
• Choice of the Product
• Entry of the Customer’s essential details (identification, email, address, and so on)
• Acceptance of these Terms and Conditions of Sale
• Verification of the order details (the double-click formality) and, where applicable, correction of any errors. Before confirming, the Buyer has the opportunity to check the details of their order and its price, and to correct any errors or cancel the order. Confirmation of the order forms this contract.
• Verification of the payment instructions, payment for the products, then delivery of the order. The Customer will receive email confirmation of payment for the order, together with an acknowledgement of receipt confirming the order.

During the ordering process the customer will be able to identify and correct any errors made when entering data. The language offered for the conclusion of the contract is French.

The terms of the offer and the terms and conditions of sale are sent back to the buyer by email at the time of the order and archived on the Seller’s website. Where applicable, the professional and commercial rules to which the offeror intends to be bound may be consulted in the “ancillary rules” section of these T&Cs, available on the Seller’s website.

Communications, the order, the order details and the invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the French Civil Code. This information may be produced as proof of the contract.

For products that are delivered, delivery will be made to the address given by the Customer. So that the order can be fulfilled properly, the Customer undertakes to provide truthful identification details.

The Seller reserves the right to refuse an order, for example in the case of any abnormal request, any request made in bad faith, or for any legitimate reason.

The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company’s websites, as is, where applicable, the way the product is to be used. In accordance with article L112-1 of the French Consumer Code, the consumer is informed, by way of marking, labelling, display or any other appropriate means, of the prices and of the specific conditions of sale and of performance of the services before the contract of sale is concluded. In all cases, the total amount payable by the Buyer is shown on the order confirmation page. The sale price of the product is the one in force on the day of the order, and does not include shipping costs invoiced separately. Any such costs are indicated to the Buyer during the sale process, and in any event at the time of order confirmation. The Seller reserves the right to change its prices at any time, while guaranteeing that the price indicated at the time of the order will be applied.

Where the products or services are not supplied immediately, clear information is given on the product presentation page about the delivery dates of the products or services. The customer confirms that they have received a breakdown of the delivery costs together with the terms of payment, delivery and performance of the contract, as well as detailed information about the identity of the seller, its postal, telephone and electronic contact details, and its activities in the context of this sale. The Seller undertakes to fulfil the Customer’s order within the limits of available Product stock only. Failing that, the Seller will inform the Customer; if the order has been placed and no agreement is reached with the Customer on a new delivery date, the Seller will refund the customer.

Contractual information is presented in detail and in French. The parties agree that illustrations or photographs of the products offered for sale have no contractual value. The period of validity of the offer of the Products and of their prices is stated on the Company’s websites, as is the minimum term of the contracts offered where these concern the continuous or periodic supply of products or services. Except where specific terms apply, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address provided).

In accordance with article L.411-1 of the French Consumer Code, the products and services offered for sale under these T&Cs meet the requirements in force relating to the safety and health of persons, to fair commercial dealing and to consumer protection. Independently of any commercial warranty, the Seller remains liable for lack of conformity and for hidden defects in the product.

In accordance with article L.217-4, the seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made its responsibility by the contract or was carried out under its responsibility.

In accordance with the statutory provisions on conformity and hidden defects (art. 1641 of the French Civil Code), the Seller refunds or exchanges products that are defective or that do not correspond to the order.

A refund may be requested as follows: Refund Policy At Empreinte d’Effluves, we are committed to your complete satisfaction. If you are not entirely satisfied with your purchase, you may return any product to us within 14 days of receipt for a full refund, subject to the conditions set out below. Refund conditions: You must return the product within 14 days of receiving your order. Products must be returned in their original condition, unused, with all labels and protective seals, and in their original packaging. Return costs are payable by the customer, unless the product is defective or the order delivered is incorrect. To start a return, please contact our customer service at contact@empreintedeffluves.com to obtain a return number and the corresponding instructions. Refund procedure: Once we receive and inspect the returned product, we will notify you by email whether your refund request has been approved or refused. If your request is approved, the refund will be processed and a credit will automatically be applied to your credit card or to the original payment method, within a maximum of 14 days. Exceptions: Products bought in a sale or during special promotions may be excluded from the usual refund policy. The specific conditions will be clearly stated on the product page at the time of purchase. We aim to make the refund process straightforward and remain at your disposal for any question or concern you may have about returning or refunding a product.

The products remain the property of the Company until the price has been paid in full.

Products are delivered to the delivery address given at the time of the order and within the stated time frames. These time frames do not include the time needed to prepare the order.

Where the Customer orders several products at the same time, these may have different delivery times.

In the event of late delivery, the Customer may terminate the contract under the conditions and in the manner set out in Article L 138-2 of the French Consumer Code. The Seller then refunds the product and the outbound shipping costs under the conditions of Article L 138-3 of the French Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) stated in the order confirmation email so that the order can be tracked.

The Seller points out that once the Customer takes physical possession of the products, the risk of loss of or damage to the products passes to them. It is for the Customer to notify the carrier of any reservations concerning the product delivered.

If an item is unavailable for a period of more than 12 working days, you will be informed immediately of the expected delivery times and the order for that item may be cancelled on simple request. The Customer may then request a credit note for the amount of the item, or a full refund and cancellation of the order.

Payment is due immediately on ordering, including for pre-ordered products. The Customer may pay by payment card or by cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is handled by our payment providers. The information transmitted is encrypted to the state of the art and cannot be read while travelling across the network.

Our payment providers:

• Stripe
• PayPal

Once payment is initiated by the Customer, the transaction is debited immediately after the information has been verified. In accordance with the French Monetary and Financial Code, the undertaking to pay given by card is irrevocable. By providing their bank details at the time of the sale, the Customer authorises the Seller to debit their card for the amount corresponding to the stated price. The Customer confirms that they are the lawful holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or if the card cannot be debited, the Sale is immediately terminated by operation of law and the order cancelled.

In accordance with article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days of the date on which they receive their order.

The right of withdrawal may be exercised by contacting the Company as follows: contact@empreintedeffluves.com. We inform Customers that, in accordance with articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for downloadable Products.

Where the right of withdrawal is exercised within the aforementioned period, the price of the product or products purchased and the shipping costs will be refunded, with return costs remaining payable by the Customer.

Products must be returned in their original condition and complete (packaging, accessories, instructions, and so on)

Returns should where possible be accompanied by a copy of the proof of purchase.

This right of withdrawal cannot be exercised for certain specific products. Clear information is given on the presentation page of each product. The buyer then has the right to withdraw within 14 days of the date on which they receive their order.

Return conditions: Returns Policy At Empreinte d’Effluves, we want you to be fully satisfied with your purchases. If for any reason you are not entirely satisfied with a product, you may return it to us within 14 days of the date of receipt for a refund or an exchange. Return conditions: Products must be returned in their original condition, unused, with all labels and protective seals intact, and in their original packaging. To start a return, contact our customer service at contact@empreintedeffluves.com to receive a return number and detailed instructions. Return costs are payable by the customer, except where the product is defective or does not match the original order. Once the product has been received and inspected, we will issue the refund to the payment method used at the time of purchase, as quickly as possible. Exceptions: Products bought in a sale or during special promotions may be subject to different return conditions, which will be specified at the time of purchase. We thank you for your understanding and are committed to ensuring your satisfaction. For any question about your return, please do not hesitate to contact our customer service.

In accordance with the law, the Seller provides the following warranties: conformity and hidden defects in the products. The Seller refunds the buyer or exchanges products that are defective or that do not correspond to the order placed, in accordance with the refund conditions.

The Seller points out that the consumer:

• Has 2 years from delivery of the goods to bring a claim against the Seller.
• May choose between replacement and repair of the goods, subject to the conditions laid down by the aforementioned provisions. (apparently defective or not corresponding).
• Is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods.
• That, except for second-hand goods, this period is extended to 24 months from 18 March 2016
• That the consumer may also rely on the warranty against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code and, in that case, may choose between rescission of the sale or a reduction in the sale price (articles 1644 of the French Civil Code).

Where applicable, the Buyer may submit any complaint by contacting the company using the following details:

• By email: contact@empreintedeffluves.com
• By post: 60 RUE FRANCOIS IER 75008 PARIS

In accordance with articles L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that they may refer the matter to a consumer mediator under the conditions laid down in Title I of Book VI of the Consumer Code.

If the complaint made to the Seller’s customer service is unsuccessful, or if no reply is received within two months, the consumer may refer the dispute to a mediator who will independently attempt to bring the parties together with a view to reaching an amicable settlement.

The order may be terminated by the buyer by registered letter with acknowledgement of receipt in the following cases:

• Delivery of a product that does not match the characteristics of the order.
• Delivery after the deadline set at the time of the order or, in the absence of a date, within thirty days of payment.
• Unjustified price increase or modification of the product. In these cases, the buyer may demand a refund of the deposit paid, increased by interest calculated at the statutory rate from the date the deposit was received.

Trade marks, domain names, products, software, images, videos, texts or more generally any information that is the subject of intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made under these T&Cs. Any reproduction in whole or in part, modification or use of these assets for any reason whatsoever is strictly prohibited.

Performance of the seller’s obligations hereunder is suspended in the event of a fortuitous event or force majeure preventing such performance. The seller will inform the customer of the occurrence of such an event as soon as possible.

If one of the provisions of this contract were to be annulled, that annulment would not entail the invalidity of the other provisions, which will remain in force between the parties. Any contractual amendment is valid only after a written agreement signed by the parties.

The information requested when placing an order is necessary for the issuing of the invoice (a legal obligation) and for the delivery of the goods ordered, without which the order cannot be placed. No automated decision-making or profiling is carried out through the ordering process.

Our privacy policy is available in full on our website.

All clauses appearing in these terms and conditions of sale, and all the purchase and sale transactions covered by them, are subject to French law.

The invalidity of a contractual clause does not entail the invalidity of these terms and conditions of sale.

For the information of consumers, the provisions of the French Civil Code and of the French Consumer Code are reproduced below:

• Article 1641 of the French Civil Code: The seller is bound by a warranty on account of hidden defects in the item sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have acquired it, or would have given only a lower price for it, had they known of them.
• Article 1648 of the French Civil Code: An action arising from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within the year following the date on which the seller may be discharged from apparent defects or lack of conformity.
• Article L. 217-5 of the French Consumer Code: The goods conform to the contract: 1° If they are fit for the use ordinarily expected of similar goods and, where applicable: – if they correspond to the description given by the seller and possess the qualities the seller presented to the buyer in the form of a sample or model; – if they present the qualities a buyer may legitimately expect having regard to the public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling; 2° Or if they present the characteristics defined by common agreement between the parties, or are fit for any special use sought by the buyer, brought to the seller’s knowledge and accepted by the latter.
• Article L. 217-12 of the French Consumer Code: An action arising from a lack of conformity is time-barred two years after delivery of the goods.
• Article L. 217-16 of the French Consumer Code: Where, during the course of the commercial warranty granted to them at the time of the acquisition or repair of movable goods, the buyer asks the seller for repairs covered by the warranty, any period of unavailability of at least seven days is added to the remaining term of the warranty. That period runs from the buyer’s request for the work, or from the date the goods in question are made available for repair, if that date is later than the request for the work.