General Terms and Conditions of Sale
General
www.essixhome.com (hereinafter the "Website") is published by INDUSTRIES TEXTILES COTONNIERES, a French society with a capital of 2 000 000,00 €, located at 660, rue de l'Epinette, NIEPPE (59850) France, registered with the Dunkerque Trade and Companies Register under number 315 292 268, (hereinafter "Essix"). These standard terms and conditions are applicable to Essix and any physical person visiting and/or carrying out a purchase on the internet site www.essixhome.com (hereafter referred to as "the Client") Any order on the Website implies the irrevocable adherence to the standard terms and conditions of sale. These standard terms and conditions of sale may be subject to alteration, the applicable conditions are those in place as set out on the website on the date of the Client placing the order. The Client confirms that he has the capacity to execute this contract, in other words that he is of an age at which he can legally enter into the contract and is not under guardianship or supervision.
Products
The products made available for sale by Essix are those that are shown on the site www.essixhome.com on the day that the Client looks at the internet site. The items are made available for sale subject to the items being in stock. The items made available for sale are presented and described as accurately as possible. Even so, in the event that any errors or omissions exist in the presentation of these items, then Essix cannot be held liable for this. Photographs and texts illustrating the items have an indicative value only and do not form any part of the contract.
Price
Prices are shown in Euros (€) inclusive of all taxes [TTC - Toutes Taxes Comprises] including VAT and excluding delivery charges which are the responsibility of the Client unless specifically otherwise indicated. Likewise taxes and any customs charges are the responsibility of the Client. Prices shown include the VAT rate applicable on the day the order is placed. In the event that the VAT rate is changed, these changes may be reflected in the price of the items without the Client being informed beforehand. Essix reserves the right to change its prices at any time. Items are invoiced based in the rates applicable at the time the order is received. For customers wishing to have goods delivered outside Europe, these prices are exclusive of tax (without French VAT) and it is the customer’s responsibility to pay the VAT in the country of delivery as well as any other customs fees and taxes.
Order
All orders (whether they are placed on the website or ordered on the phone directly to our customer service) imply the express acceptance of the price and description of the items made available for sale. The Client confirms that they have irrevocably understood and accepted these standard terms and conditions of sale prior to the order being made. Confirmation of the order implies acceptance of these standard terms and conditions of sale. In order to enable the Client to check his/her order prior to finalising it, Essix has set up confirmation and acceptance windows. The order is only finally registered when the last confirmation payment window is finalised (by card, bank transfer). The order is deemed to be final and irreversible when the final acceptance click is made. An e-mail is sent to the Client once the order is registered. This e-mail confirms that the customer’s order has been registered by Essix and that the item is available. An invoice can be given to the client on request, you can directly contact our customer service at the following email address: service-client@essix-homecollection.com. Essix reserves the property of the articles until the complete payment of the order, that is to say the receipt of the price of the order. Essix reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or which would be abnormal compared to the usual practices. In the absence of availability of one or more articles ordered, Essix undertakes to inform the client as soon as possible and to reimburse him of the sums he would have already paid to Essix at the most within 30 days of the payment of such amounts, unless the customer chooses an exchange. In no event shall the permanent or temporary unavailability be the responsibility of Essix nor any right to compensation or damages in favor of the Client.
Payment
Payment is made online either by card, Paypal or bank transfer. The invoice for the item will be included in the package containing the item ordered or will be available on request to our customer service. For gift orders, the invoice won't be sent and will be available on request to our customer service. - Online payment by card: Visa and Mastercard are accepted. The account is debited only by the amount applicable to the items ordered and actually dispatched, and to the shipping fees/gift wrap if applicable. - Payment by Paypal : fast and safe way to make an online payment. - Payment by bank transfer : the bank details are made available to the customer once the order is placed. The order is then shipped once the bank transfer has taken place. Combatting card fraud: The information submitted with the order is subject to automatic data processing. All bank card payments take place on a securitised site guaranteed by the Groupe CIC. Essix reserves the right to confirm the personal data provided by the customer and to take all measures deemed necessary (including request for supporting evidence or of order cancellation) to ensure that the person whose bank account is being debited is confirmed as being the person who placed the order so as to avoid any fraudulent use of bank cards. Deliveries to PO Box, cyber cafe or any other indirect address will be systematically rejected, because they can not be verified as valid. In accordance with the data protection and civil liberties act of 6th January 1978, the Client may avail him/herself at any time of the right to access, rectify or challenge all personal data by writing to and providing evidence of his/her identity to Fia-Net - Service Informatique et libertés, 22 rue Drouot 75009 Paris, France. Payment security: In order to guarantee payment security, the www.essixhome.com website uses the Groupe CIC securitised payment service. This service incorporates SSL security standards. The confidential data submitted (the 16 digit bank card number, the expiry date and the security code) are encrypted and directly transmitted to the SIPS server without passing through Essix’s physical equipment. After confirmation of the order, the request for payment is routed in real-time to Groupe CIC’s securitised tele-payment management service. This service sends an authorisation request to the bank card network. The tele-payment management service delivers an electronic certificate.
Shipping Fees and Deliveries
Your order will be shipped within 2 working days unless otherwise indicated (in the event that the items show a delivery time of 10 working days or where the item is not available). Except in the event of force majeure, shipping times shown are applicable subject to the items being in stock. Essix cannot be held liable for any delays in delivery whatever the reason, nor therefore can any request for compensation be made by the web-user against Essix. Essix reserves the right to select a transporter and guarantees the proper delivery of its items. The Client is responsible for checking the state of the packaging and that the item delivered conforms to expectations, and where applicable is to indicate anything to the contrary on the transporter’s delivery note. Deliveries in metropolitan France, in ‘DOM-TOM’ (French overseas departments and territories) and in closest European countries are made by the colissimo service with parcel tracking using the parcel number. A signature is required for before the parcel is handed over. Deliveries to other countries will be carried out by UPS with parcel tracking using the parcel number. A signature is required before the parcel is handed over. Shipment fees are waived* (*only for deliveries in the French metropolitan area) for all first orders. Shipment charges are waived for deliveries in metropolitan France for purchases to the value of €75 or more. FOR A GUARANTEED DELIVERY BY A PARTICULAR DATE, ONLY RECEIPT FOR PAYMENT WILL SERVE AS CONFIRMATION OF AN ORDER. ALL BANK TRANSFER PAYMENTS WILL BE DEEMED TO BE “CONFIRMED” ONLY WHEN PAYMENT IS RECEIVED NOT WHEN THE ORDER IS PLACED.
Returns and Exchange
The Client has a period of 15 working days in which to exchange an item or to return an item and get a refund (counting from the date of the receipt of the order) After this time period, items that have been delivered are deemed to be in conformity with expectations and accepted by the Client, and Essix reserves the right to refuse to exchange, take back or refund any item. Before any return, please contact our customer service to explain the reason of your return and to be informed of the exact process. The item being returned must not have been used, it must be in its original packaging and for postal returns it must come with a copy of the delivery notice and the reason for the return. The client may return an article to this address: INDUSTRIES TEXTILES COTONNIERES Service Ventes Internet 660, rue de l'Epinette 59850 NIEPPE In the event that an order is being cancelled and a refund claimed, the client is liable for the cost of returning the item. Where an exchange is being made, the cost of returning the item will be met by Essix (this applies only to purchases made on the site www.essixhome.com). Depending on the choice made by the client, the cost of the item may be refunded : either by cheque, bank transfer or card depending on the payment method chosen when the order was placed. The refund will be made within a maximum of 20 working days. Except in the case of obvious quality problems, custom-made items will not be taken back or exchanged since the product will have been manufactured in very specific dimensions which will not be suitable for another client
Intellectual property
Personal data protection: The submission of personal data provided for the purposes of remote selling is compulsory. This data is necessary for orders to be handled and delivered as well as for invoicing purposes. This information is strictly confidential and is only for use by Essix. In accordance with the Act n°78-17 of 6th January 1978 pertaining to data, files and civil liberties, the processing of personal information submitted to the site www.essixhome.com is subject to the provisions enshrined within a declaration made by the French Data and Civil Liberties Commission [Commission Nationale de l'Informatique et des Libertés] The web-user has the right to access, modify, rectify or remove any data which is relevant to him or her. In order to exercise this right, the web-user should send an e-mail to Essix to the following address : service-client@essix-homecollection.com or by letter to the following address : INDUSTRIES TEXTILES COTONNIERES- Service Ventes Internet - 660, rue de l'Epinette -59850 NIEPPE, France. Intellectual property All the components of the Essix website, whether visual or sound, including the underlying technology, are protected by copyright, brand names and patents. They are the exclusive property of the INDUSTRIES TEXTILES COTONNIERES company. A user with his/her own website who wishes to put a simple link redirecting straight to the Essix website home page for personal use must request authorisation from the INDUSTRIES TEXTILES COTONNIERES company. In such an event, this will not signify any implicit affiliation agreement. On the other hand, any hypertext link redirecting to the Essix website using framing, deep-linking, in-line linking or any other deep-linking techniques is, in all cases, formally prohibited. In any case, any link, even links that are tacitly authorised must be removed if the INDUSTRIES TEXTILES COTONNIERES company requests it. Liability The company INDUSTRIES TEXTILES COTONNIERES is bound only by a duty of care at every access point on the site from the ordering procedure to delivery as well as during any after-sales service. INDUSTRIES TEXTILES COTONNIERES cannot be held liable for any inconvenience or damages arising from the usage of the Internet network including instances of service disruption, external intrusion or a computer virus or any event that would constitute force majeure in accordance with the law. INDUSTRIES TEXTILES COTONNIERES also absolves itself of any liability for any breach of its contractual obligations in the event of force majeure or any accidental event including internal strike action, fire, catastrophe, internal or external breakdown or any event of a general nature that prevents the correct execution of orders. This list is not exhaustive. Applicable law - Disputes These standard terms and conditions of sales are subject to French law. In the event of any dispute, the competent court of law is that of the defendant’s domicile or, in accordance with the defendant’s choice, the location of the delivery made. In the event that a dispute arises from this contractual agreement, the web-user and Essix undertake to seek an amiable resolution prior to embarking on any court action
