TERMS AND CONDITIONS
These Terms and Conditions of Sale (the "T&Cs") apply without restriction or reservation to any order for goods (the "Goods") proposed by Enomis, a simplified joint-stock company with a capital of 27,000 euros. Enomis’ registered office is located at 119 rue du Temple - 75003 Paris, France and registered at the Paris Trade and Companies Registrar under number 433 105 624 (the "Enomis" company), by a non-professional client (the "Customer") or a professional client (the " Professional ") (the Customer and the Professional are hereinafter accumulatively referred to as the" User ").
The www.enomis-paris.fr website (the "Site") is the property of Enomis in its entirety, as well as all rights pertaining thereto. Any reproduction, in whole or in part, is systematically subject to the authorization of the owners. However, hypertext links to the site are allowed without specific requests.
Enomis set up the Site. The Site is administered by the company HVAB, a simplified joint-stock company with a capital of 1,000 euros, and with its head office located at 8 Place de l'Europe - 94220 Charenton-le-Pont, registered with the RCS Company Registrar of Créteil under the number 829 817 527.
Any Goods ordered on the Site requires the prior consultation of the T&Cs.
Consequently, the User acknowledges of having been fully informed that their agreement regarding the content of the T&Cs does not require the handwritten signature of this document. The User withholds the facility to save or modify the T&Cs, having been informed that the responsibility for the saving and modifying this document lies solely with the User.
All this information is presented in the French language. The User declares to have full legal capacity to act under these Terms.
ARTICLE 1 – ENTIRETY
These T&Cs express all the obligations of the parties. They constitute the sole basis of a commercial relationship between the parties, and, in this sense, the User is deemed to unconditionally accept them.
These T&Cs take precedence over any other document, particularly all general terms and conditions of purchase. They unrestrictedly and unreservedly apply to all Goods sold by Enomis to Users of the same category.
Enomis and HVAB and the User agree that these Terms and Conditions exclusively govern the relationship with one another. Enomis reserves the right to occasionally modify its Terms and Conditions.
They are applicable as soon as they appear online.
Enomis reserves the right to derogate from certain clauses herein, depending on negotiations with the Professional, by setting up special conditions of sale to customers.
ARTICLE 2 – PRECONTRACTUAL CUSTOMER INFORMATION
The Consumer acknowledges having had the communication, prior to the placing of his order and the conclusion of the contract, in a readable and understandable way, these terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code.
The following information is provided to the Consumer on the Site in a clear and understandable manner:
- The essential characteristics of the Goods;
- The price of the Goods;
- Any additional charges for shipping, delivery or postage and any other possible charges.
ARTICLE 3 – PURPOSE
The purpose of these T&Cs is to define the rights and obligations of parties within the context of selling Goods online by Enomis to the User.
These conditions only concern purchases made by buyers located in France and delivered exclusively on French territory. For any delivery outside France, a message needs to be sent to email@example.com
ARTICLE 4 – ORDERS
Orders may only be made on the Site. Internet connection and access charges are at the expense of the User.
To order, the Customer needs to create his account on the Site. To do this, the Customer must complete a registration form available in the Site. A login and password will be assigned to the User automatically.
Professional clients may place an order once logged into their designated professional area on the Site, which gives them access to the price of the Goods applicable to Professionals in accordance with Article 8 below.
The User must accept these T&Cs for it to be valid, by clicking at the designated space. He must also select the address and the type of delivery and finally validate the payment type.
Any order implies acceptance of prices and product descriptions available for sale. Any dispute on this point will incur a possible exchange and the guarantees mentioned below.
Any order by the User is validated by means of a "double click", which constitutes an irrevocable acceptance that can only be challenged within the limits stipulated in the T&Cs. Any order implies prior knowledge and unconditional acceptance of the T&Cs.
The law, the aforementioned "double-click" process, associated with the authentication and non-repudiation procedure, as well as the protection of the integrity of the messages, constitutes an electronic signature, and has the same meaning/weight between parties as a handwritten signature.
Unless proved otherwise, the data recorded by the Enomis company and/or the HVAB company constitute proof of all transactions made between the Site and its Users.
In some cases, including default of payment, incorrect address or another issue of the User account, the Enomis company and/ or the HVAB company reserves the right to block the order of the User until the problem has been resolved.
In cases where a Good is not available, the User will be informed by email.
The cancellation of the order for this Good and its possible refund will then be made; the rest of the order remains intact and final.
An order confirmation for a validated order by the User will be sent to him by e-mail prior to the shipping of the order. This makes the sale final, subject to the right to exercise the right of withdrawal.
The User may retain a copy of the applicable Terms and Conditions for a given order by downloading, or printing them out on paper.
For all questions relating to tracking orders, the buyer must send an email message to the following address: firstname.lastname@example.org.
ARTICLE 5 – ELECTRONIC SIGNATURE
The provision of the credit card number online by the User and the final validation of the order will be proof of agreement by the User:
- Stipulationof the sum due under the purchase order
- Signature and express acceptance of all operations carried out.
Should there be an incident of fraudulent use of the credit card, the buyer, having noticed the fraudulent use of his credit card, should contact +33 (0)1 42 72 66 02 during opening hours.
ARTICLE 6 – PROOF OF TRANSACTION
The computerized records kept on the servers by Enomis and/or the HVAB company under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done in a reliable and long term way that can be produced as evidence.
ARTICLE 7 – PRODUCT INFORMATION
Products governed by these T&Cs are those appearing on the Site and which are indicated as sold and shipped by Enomis. They are offered within the limits of available stocks.
Products are described and presented with the greatest possible accuracy. Nevertheless, if errors or omissions do occur regarding presentation, responsibility does not lie with the Enomis company and/or the HVAB company.
Product images are not contractual.
Photos are for illustrative purposes. The User is invited to refer to the description of each Product to know its precise characteristics. In case of doubt, or for further information, it is possible to contact the customer service by email at email@example.com or by phone at +33 (0)1 42 72 66 02 during opening hours.
ARTICLE 8 – PRICE
Enomis reserves the right to change its prices at any time but commits to apply the indicated price in vigor at the time the order was made, subject to availability on that date.
Customers will have immediate access to the prices applicable to Customers. The prices take into account VAT and the applicable HBJO jewelry tax on the day of the order and any change of the applicable VAT rate and the HBJO tax will be automatically reflected in the price of the Goods displayed on the Site.
Professionals will have access to the prices applicable to Professionals as soon as their professional account is created on the Site. In this respect, Professionals must complete the online registration form available on the Site. A login and password will be assigned within 24 hours after verification. Prices are displayed excluding taxes. VAT and the applicable HBJO jewelry tax on the day of the order are displayed at the time the order was made by the Professional.
Professionals may only order on the Site on condition that a minimum order value of three hundred (300) euros excluding tax is reached.
Prices are indicated in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the approval of the order.
Payment of the full price must be made when ordering. The sums paid can never be considered as a deposit or an installment.
If one or more taxes or contributions, including environmental, were to be created or changed, increased or decreased, this change can be reflected in the selling price of products.
ARTICLE 9 – PAYMENT METHOD
Any order placed on the Site by a User constitutes an order with a payment obligation, which means that the placing of the order implies a payment by the User.
So that an order can be paid, the User has all the payment method options available by Enomis and HVAB and listed on the Site.
The User guarantees to Enomis that he has the necessary permissions to use the payment method chosen by him, upon the approval of the purchase order.
Enomis reserves the right to suspend any order management and any delivery in case of refusal of authorization for payment by credit card from the officially accredited bodies or in case of non-payment. Enomis specifically reserves the right to refuse to make a delivery or to honor an order from a User who has not fully or partially paid for a previous order or with whom a payment dispute has arisen or is ongoing.
Enomis has implemented an order verification procedure designed to ensure that no one uses the bank details of another person without his knowledge.
As part of this verification procedure, the User may be requested to send by fax to Enomis a copy (i) for the Consumers an ID document as well as a proof of address and (ii) for the Professionals of a “KBIS” excerpt document. Enomis will only validate the order after the receipt and verification of these documents.
ARTICLE 10 – PRODUCT AVAILABILITY
Shipping times will reflect, subject to stock availabilities, those marked on each product description, except in force majeure cases or when the online store is closed. Should the latter arise, it will be clearly broadcast on the Site homepage. Shipping times commence from the date an order is registered, as indicated on the order confirmation email.
Deliveries in mainland France are 4 working days commencing from the day the User orders, subject to the availability of the Goods ordered.
Enomis and/or HVAB cannot be held responsible for delays, and thus, for any reason whatsoever. Consequently, the User may not make a claim for compensation of any nature whatsoever.
Should an ordered Good not be available, the user will be informed at the earliest and will have the opportunity to cancel the order. The User will then have the choice to request either a refund within 30 days maximum after payment was received, or the exchange of the Good.
Product offers and price offers are valid as long as they are visible on the Site, within the limits of available stocks, excluding sales promotional operations indicated as such on the Site. Sales are subject to the actual availability of the Goods.
Enomis also reserves the right to refuse any order from a User who has not paid a previous order (except in cases of withdrawal provided by law).
ARTICLE 11 – DELIVERY
A delivery is made only upon payment confirmation to Enomis by the banking institution.
Products are delivered to the address indicated on the order form by the User. The User must ensure its accuracy. Any parcel returned to Enomis because of an incorrect or incomplete delivery address will be returned at the expense of the User.
Enomis declines all responsibility in relation to late delivery if the User has indicated an incomplete or incorrect address, is absent at the time of delivery or has not collected his parcel at the post office within the time provided for this purpose. All return shipping costs will be borne by the User; lost goods cannot be refunded.
A corresponding invoice is sent with every delivery, detailing the characteristics of the delivered Goods as well as a certificate of authenticity if the Good requires it. The User may, at his request, have an invoice sent to the billing address and not to the delivery address, by confirming the option provided for this purpose on the order form.
Should the User be absent on the day of delivery, the driver will leave a note in his mailbox, informing him of the possibility to collect the package at a physical place for a limited indicated period of time.
Should the original packaging at the time of delivery be damaged, torn, opened, the User must then check the condition of the Goods. Should they have been damaged, the User must absolutely refuse the package and express his refusal to accept the goods on the delivery note (parcel refused because it is open or damaged).
The User must indicate any anomaly concerning the delivery in handwritten form accompanied by his signature (such as damage, missing product compared to the delivery note, damaged parcel, broken products, etc.).
This verification is considered carried out once the User, or a person authorized by the User, has signed the delivery note.
The User must then confirm these reservations by registered mail to the carrier at the latest within two working days of receipt of the Goods and transmit a copy of this letter by fax or simple mail to Enomis at the address indicated in the legal notices of the Site.
Should the Goods need to be returned to Enomis, they must be returned to Enomis within 7 days of delivery. Any claim made outside this period cannot be accepted. Only returned Goods in their original state may be accepted (original packaging, accessories, instructions, etc.).
ARTICLE 12 – RISK TRANSFER
The ownership of the thing sold is transferred to the User as soon as the parties agree on the thing and on the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration is relating thereto, at the User's expense, once Enomis has accepted the order form.
ARTICLE 13 – CONFORMITY
Enomis agrees to reimburse the User or to exchange the Goods apparently defective, broken or damaged or that do not correspond to the order. In this case, the User must state in detail the situation in writing, and return the Good(s).
The User must express with Enomis the same day of the delivery or at the latest the first working day following the delivery, any delivery error claim and/or nonconformity of the products in kind or in quality with respect to the indications on the order form. Any claim made after this time will be rejected.
The complaint can be carried out by email to firstname.lastname@example.org
Any claim not respecting the rules defined above and within the time limits cannot be taken into account and relieves Enomis from any liability vis-à-vis the User.
Upon receipt of the claim, Enomis will assign a respective exchange number for the product(s) and will inform the User by e-mail.
In any case, the User benefits from legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force:
In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller as its whole state and in its original packaging, in a registered Colissimo parcel (France), to the following address: Enomis, 119 rue du Temple - 75003 Paris, France.
Return costs will in all cases be borne by the User.
ARTICLE 14 – PRODUCT WARRANTY
14.1 Customer Warranty
Enomis is the guarantor of conformity of the goods with the contract, allowing the Customer to make a request under the legal guarantee of conformity envisaged under the articles L. 217-4 and following of the French Consumer Code or the guarantee of the defects of the thing sold within the meaning of articles 1641 and following of the French Civil Code.
Applying the legal conformity guarantee, it is reminded that:
- The Customer has a period of 2 years from the delivery of the Good to act;
- The Customer can choose between having the Good repaired or replaced, subject to the envisaged costs under article L. 217-17 of the French Consumer Code;
- The Customer is exempted from to prove of the existence of the lack of conformity of the Good during the 6 months following the delivery of the Good.
Reminder of articles L.217-4, L.217-5, L.217-12 and L.217-16 of the French Consumer Code, and articles 1641 and 1648, first paragraph, of the French Civil Code:
Article L.217-4 of the French Consumer Code:
“The seller delivers a good in accordance with the contract and answers for the lack of conformity present during the delivery. He also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was contractually his responsibility or was carried out under his responsibility”.
Article L.217-5 of the French Consumer Code:
« The Good conforms to the contract:
1° If it is fit for the usual use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that he has presented to the buyer in the form of a sample or a model;
- if it has the qualities that a buyer can legitimately expect in the light of the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2° “Or if it presents the defined characteristics of mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.”
Article L.217-12 of the French Consumer Code:
"Action resulting from defects of conformity lapses after two years from the delivery of the goods. "
Article L.217-16 of the French Consumer Code:
« When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a piece of movable good, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remains to run.
This period runs from the time the request for intervention by the buyer or the provision of repair of the good in question, if this provision occurs after the request for intervention”.
Article 1641 of the French Consumer Code:
"The seller is bound by the guarantee by reason of the hidden defects of the thing sold, which renders it unsuitable for use for which it is intended, or which diminishes the use so much that the buyer would not have acquired it, or would have given a lower price if he had known about them”.
Article 1648 du Code civil:
"The action resulting from unacceptable defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of debarring, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity. "
14.2 Professional Warranty
Enomis assures the Professional against any lack of conformity of the Goods and any hidden defects, resulting from a defect in the design or supply of the said Goods excluding any negligence or fault of the Professional.
In any case, in the event that the responsibility of Enomis is retained, the Professional warranty would be limited to the amount paid (tax excluded) by the Professional for the purchase of the Good.
ARTICLE 15 – TRANSFERABILITY AND SUBCONTRACTING
Enomis reserves the right to assign all or part of the performance of services to providers meeting the same qualification requirements.
If the service requires special technical skills, Enomis will inform the User about the possibility of subcontracting a part. The subcontractor will then act under the sole responsibility of Enomis and will undertake to keep confidential all the information made known to him during service subcontracting.
ARTICLE 16 – COMPLAINTS
All claims, whether amicable or judicial, relating to the performance of services must be made within one year from when the service has ended.
ARTICLE 17 – WITHDRAWAL
17.1 Withdrawal by the Customer
The Customer has a period of fourteen (14) days from the date of receipt of the ordered Good(s) to exercise his right of withdrawal, without having to provide any reason.
The Customer notifies his decision of withdrawal by means of an unambiguous declaration by completing the withdrawal form accessible on the Site.
Enomis and/or HVAB will email him an acknowledgment of receipt for the withdrawal.
The Customer must return, at his expense, any Good in new and unworn or used condition, in its case and original unaltered packaging to allow it to be re-marketed, to ask for a refund without penalty.
All items must be returned with its strap or seal of guarantee still intact.
Any defect will not give rise to an automatic refund. Cases will be handled one by one by the customer service.
Address for returned goods:
119 rue du Temple
The Customer shall only be liable for any diminished value of the Good resulting from the handling that is necessary to ensure the conformity of the Good(s) with his expectations.
If the above-mentioned conditions are met, Enomis will refund the total amount of the order to the Customer, including shipping costs (except for additional charges arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive one standard delivery proposed by Enomis) without undue delay and, in any case, no later than fourteen (14) days from the day on which Enomis has been notified of the Customer’s withdrawal decision.
Enomis may defer reimbursement until the Good(s) has been returned.
Enomis will refund using the same means of payment used by the Customer for the initial transaction, unless the parties agree otherwise. In any case, the Customer will not incur any costs from this refund.
17.2 Withdrawal by the Professional
As a Professional having purchased within the framework and needs of a profession, it is not necessary to apply the right of withdrawal provided for by the French Consumer Code.
ARTICLE 18 – INTELLECTUAL PROPERTY
All content of the Site, including all texts, comments, works, illustrations, works and reproduced or represented images are strictly reserved under copyright and intellectual property and for the whole world.
Any reproduction or total or partial representation of the Site or all or part of the elements found on the Site is strictly prohibited.
All fraudulent use of the content that violates the rights held by a third party constitutes a counterfeiting offence.
The Enomis and/or HVAB companies can in no way be held responsible for the violation by a User of rights held by third parties and perpetrated because of the activities of the latter on the Site.
All illustrations, images, characters, presentation styles, graphics, characters of the Site are and remain the exclusive property of Enomis or the owners of those rights that have granted Enomis a right of use. Any reproduction, representation or use of these rights by an internet user will constitute a fault giving rise to legal proceedings.
ARTICLE 19 – DATA PROTECTON AND FREEDOM OF INFORMATION
The personal data provided by the Customer is necessary for the processing of his order and the preparation of invoices.
They may be communicated to Enomis partners responsible for the undertaking, processing, management and payment of orders, and in particular the HVAB company.
A declaration for the processing of information communicated through the Site to the French Data Protection Authority (CNIL) has been made.
The Consumer has a permanent right of access, modify, rectify and oppose the information concerning him. This right may be exercised under the conditions and according to the terms defined on the Site.
ARTICLE 20 - FORCE MAJEURE
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.
Will be considered as force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, beyond the control of the parties and unable to be prevented by them, despite all efforts reasonably possible. Expressly, are regarded as case of force majeure or unforeseen circumstance cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts greater than three months, the injured party may terminate these terms and conditions.
ARTICLE 21 – PARTIAL NON-VALIDATION
Should one or more stipulations of the present terms and conditions are held invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.
ARTICLE 22 - NON-WAIVER
The fact for one of the parties does not to claim a breach by the other party to any of the obligations referred to in these terms and conditions cannot be interpreted for the future as a waiver of the obligation in question.
ARTICLE 23 – TITLE
In the case of difficulty in interpreting between any of the titles appearing in the title of the clauses, and any of the clauses, the titles will be declared non-existent.
ARTICLE 24 – APPLICABLE LAW
These general conditions are hereby subject to the application of French law. They are written in the French language. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
The parties undertake to seek an amicable solution to any dispute that may arise from the undertaking of services.
If they fail to do so, the parties will submit the dispute (i) to the courts of the Court of Appeal in Paris in the case of disputes between Enomis and a Professional and (ii) to the courts having jurisdiction over disputes between Enomis and a Customer.
Updated November 2017