Terms of Sales
1 . IDENTITY OF THE SELLER
The seller is:
EXOTIKA is a micro company whose head office is located in BAYONNE (64100).
Registered with the Bayonne RCS under the SIRET number: 85114421200020 and can be reached by email at the following address: firstname.lastname@example.org
Address: 500 Terry A Francois Blvd San Francisco, CA 94158
Phone: +1 415-639-9034.
These General Terms and Conditions of Sale apply to products sold on the www.exotika-shop.com website.
All orders on the Site are subject to these general conditions of sale. These are likely to be subject to modifications and updates, the conditions applicable to the order of a product by a Customer are those in force on the day of the order.
All of this information is in French.
The Exotika shop undertakes to respect all the provisions of the Consumer Code relating to distance selling.
The Customer declares that he has full legal capacity allowing him to commit to these general conditions.
2 . PRODUCTS
Each product offered on the Site is accompanied by one or more photographs, a descriptive text of the materials and colors, this information is not contractual.
The descriptions and photographs of the products sold on the Site are as accurate and as faithful to reality as possible. However, the colors, dimensions, textures and other characteristics of the Products may be altered by the screens or internet browsers used to view them.
The Customer thus acknowledges that the photographs, descriptions or graphics accompanying and illustrating the products offered for sale on the Site are indicative and non-contractual and cannot engage the responsibility of the Seller in the event of error, omission or modification.
However, EXOTIKA is committed to ensuring that the photographic representation of the products on the site is as faithful as possible to the product.
3 . ORDER TERMS
After validation of the order by the Seller, the Customer receives a confirmation by e-mail as well as the purchase invoice.
Order taking on the Site is subject to compliance with the procedure set up by EXOTIKA on the site comprising successive stages leading to the validation of the Order.
In order to place an order, the Customer undertakes to communicate via the Site only the real and valid information necessary for the performance of the service covered by these GCS. The Seller cannot be held responsible for erroneous information transmitted by the Customer resulting in the non-performance of the service covered by these GCS. Any order will be deemed validated only after acceptance of payment. The Seller shall be entitled to refuse or cancel any order relating to a Customer in dispute over a previous order.
Orders are accepted within the limits of available stocks. The permanent or temporary unavailability of a product does not in any way engage the responsibility of the seller and does not entitle the Customer to compensation or damages. After validation of the order by the Seller, the Customer receives a confirmation by e-mail.
The customer can select as many Products as he wishes which will be added to the basket. The basket summarizes the products chosen by the Customer as well as the prices and costs relating thereto. The customer can freely modify the basket before confirming his order. The validation of the Order is worth confirmation of the acceptance by the customer of the GCS, the products purchased, their price as well as the associated costs. A confirmation email summarizing the order (products, price, product availability, quantity, etc.) will be sent to the customer by the seller. To this end, the customer formally accepts the use of e-mail for confirmation by EXOTIKA of the content of his order.
4 . PRICES AND TERMS OF PAYMENT
The prices displayed on the site are expressed in euros, all taxes included (French VAT and other taxes applicable on the day of the order), excluding participation in shipping costs.
The shipping costs are indicated before validation of the order.
The seller may modify the prices of the products at any time and without notice, in particular due to changes in the economic, legislative and fiscal framework.
The products are invoiced on the basis of the tariff in force at the validation of the order.
The products remain the full property of the company EXOTIKA until full payment of the price of each order by the company EXOTIKA.
Payment for purchases is made via the secure PayPal platform or by credit card via the secure STRIPE platform.
The customer expressly acknowledges that the communication of his credit card number to EXOTIKA constitutes authorization to debit his account up to the price of the products ordered. If necessary, a notification of cancellation of order for non-payment is sent to the customer by Exotika on the email address communicated by the customer when registering on the site.
The data recorded and kept by EXOTIKA constitutes proof of the order and of all past sales. The data recorded by the payment platform constitutes proof of any financial transaction between the customer and the seller.
For delivery outside the European Union, the customer must pay customs duties or other taxes due when the products are imported into the country of the place of delivery. The related formalities are also the sole responsibility of the Customer.
The Customer is solely responsible for checking the possibilities of importing the products ordered with regard to the rights of the territory of the country of delivery.
5 . DELIVERIES
In accordance with the provisions of Article L 121-20-3 of the Consumer Code, the Products ordered are delivered within the deadlines indicated on the site and during the confirmation of the order, and within 10 working days from of the order.
The times indicated on the site and during the confirmation of the order are only indicative and correspond to the average time of processing and delivery of the package.
In the event that the package is damaged on delivery, the customer must check the condition of the products in his order in the presence of the carrier and indicate precisely on the carrier's delivery note any reservations in the event of a missing or damaged item.
Products are delivered worldwide.
EXOTIKA undertakes to ship all orders placed within 24 hours (only on working days, and excluding exceptional periods, in this case a precision on the shipping time will be specified on the home page of the website. )
However, during busy periods such as Christmas, the seller reserves the right to extend the shipping time to 72 hours.
It is specified that any change of delivery address made by the Customer after the registration of the order may result in an extension of the delivery time.
EXOTIKA and the carriers being separate and independent entities, we cannot be held responsible for any delay and error in delivery or loss of parcels attributable to Colissimo or the Followed Letter service of Laposte.
Delivery method offered by Exotika:
- Letter with follow-up (sent by email during shipment): Deposit in mailbox. No insurance in case of loss/theft/deterioration of the post. The goods always travel at your own risk.
- International letter with follow-up: Deposit in mailbox. No insurance in case of loss/theft/deterioration of the post.
During the validation of the order the buyer will receive a tracking number for his order.
6 . RIGHT OF WITHDRAWAL AND TERMS OF RETURN
In the event that the customer is not satisfied with the products, he has a right of withdrawal of thirty clear days from the day of receipt of his order to return one or more items, without justifying the reason.
The returned product(s) must be in new condition, not having been worn or used or having been the subject of any use whatsoever and in their original packaging, accompanied by a copy of the invoice. Otherwise the package will be returned.
The customer organizes the return at his convenience, at his expense and at his risk.
For all return requests, you must send an e-mail to the following address: email@example.com
A return address will then be communicated to the customer with the terms related to this one mentioned at the beginning of this paragraph.
The shipping costs related to the return of the products remain the responsibility of the customer unless the product received is not in conformity or has a manufacturing defect.
Any customs fees related to the return of a product from a foreign country are also the responsibility of the customer.
Return costs and associated risks are the responsibility of the customer. It is therefore recommended to keep the proof of this return, which supposes that the products are returned with parcel tracking, or by any other means giving a certain date.
Upon receipt, and subject to these return conditions, the seller will refund the order excluding initial shipping costs by crediting the customer's bank account or PayPal account within 72 hours of receipt of the package by the seller.
In the absence of compliance with these return conditions, the package will be returned to the customer at his expense and will not result in any refund.
Are excluded from any warranty:
– Improper use and maintenance as well as defects in use or maintenance.
– Damage due to handling error, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes.
– Damage due to an external event
The refund will be made by bank transfer to the card used to pay the initial invoice or to the PayPal account used during the purchase. It is not possible to replace or exchange returned products. You will need to place a new order online.
7 . PROTECTION OF PERSONAL DATA
The personal information relating to the Customer is essential for the processing and delivery of orders, and the establishment of invoices.
EXOTIKA undertakes not to disclose to third parties the information provided by Customers on the site.
These are confidential. They will only be used for the processing of his order and the follow-up of commercial relations and will be treated in complete confidentiality taking into account the personal data communicated by the Customer.
The Customer has (article 34 of the law of January 6, 1978) a right to access, modify, rectify and delete data concerning him, which he can exercise with EXOTIKA._cc781905-5cde- 3194-bb3b-136bad5cf58d_
8 . INTELLECTUAL PROPERTY
The Customer acknowledges that the Exotika Products and the distinctive signs (image, photographs, packaging, product names, etc.) are the exclusive property of EXOTIKA.
The Customer is prohibited from any act of reproduction or use of product models, packaging, brands or distinctive signs or know-how used by EXOTIKA, as well as any act tending to the appropriation of these elements, whether they do or not subject to protection by EXOTIKA by a patent, trademark, registered design and model or copyright.
9 . APPLICABLE LAW, LANGUAGE AND DISPUTES
These General Conditions and accepted orders are subject to French law.
In the online sales process, Exotika is only bound by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
The language of these General Conditions and of the orders accepted is the French language.
In the event of a dispute, the French courts will have sole jurisdiction.