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General Conditions of Sale and Use

General Conditions of Sale and Use (MAY 2014)

These General Conditions and the contractual relations between ELEBADECOR and the Customer are governed by French law. Any dispute arising from the application or interpretation of the General Conditions is of the exclusive competence of the courts having jurisdiction in Paris.

1. DEFINITIONS ___________________________________________________________________

“Customer(s)” refers to the Internet-user or -users browsing the Site and/or making an on-line purchase of Products for personal use.
“General Conditions” refers to these general conditions of sale of Products and use of the Site.
“ELEBADECOR” refers to ELEBADECOR, a company subject to Swiss law, registered CH-130.4.017.551-1, the registered office of which is located in Wollerau, Switzerland.
“Party(-ies)” refers alternatively or collectively to ELEBADECOR and/or the Customer(s).
“Products” refers to the products offered for sale on the Site.
“Site” refers to the e-commerce Website “SOUS LE LAMPION / UNDER THE PAPER LANTERN” accessible over the Internet at the address http://www.sous-le-lampion.com offering Products for sale and published by ELEBADECOR.

2. PURPOSE – SCOPE OF THE GENERAL CONDITIONS__________________________________

The purpose of these General Conditions is to define the terms and conditions of sales of ELEBADECOR Products to Customers on-line, together with the rights and obligations of the Parties arising from the sale of the Products offered on the Site, exclusively on the basis of the relations the said Conditions create on the Internet network and solely on the said Site.
They determine all the stages necessary for the placing and follow-up of an order between the Parties. In placing an order for a Product on the Site, the Customer acknowledges having read and accepted without restriction the General Conditions, this acceptance being in no way conditional upon a handwritten signature of the Customer. Simply consulting the Site by the Customer is also governed by these General Conditions. It is specified that the Customer may save or print these General Conditions provided, however, he does not modify them. ELEBADECOR reserves the right to update the General Conditions at any time.

The General Conditions apply to all sales or on-line reservations made on the Site to the exclusion of any other document and, in particular, the conditions applying to in-store sales or via other distribution or marketing channels. All Customers declare that they have the capacity to accept the General Conditions, that is to say they are of full age and are not subject to any care or guardianship order.

Parents (or those holding parental authority) are invited to supervise the use of the Site made by their children and to keep in mind that in their capacity of legal guardian, it is their responsibility to supervise use made thereof.

ELEBADECOR reserves the right to modify the content of the General Conditions at any time. In such an event, the new version of the General Conditions will be published on the Site and will apply to orders for Products placed subsequent to their publication.

The General Conditions that apply are those in force on the Site on the date the Customer places the order.

3. PRODUCTS AND SERVICES _______________________________________________________

3.1 - Description of the Products
ELEBADECOR takes the greatest care in its presentation of the Products on the Site in order to meet the requirements of article L111-1 of the French Consumer Code. Nevertheless, while every effort is made to ensure that the colour in photographs of the Products displayed on the Site is as close as possible to that of the original products, variations may occur; in particular due to the technical limitations of computer equipment in rendering colour and because of the artisanal nature of some products that are hand-made. Accordingly, it is possible that the Customer’s perception of the photographic representation of the Products does not correspond exactly to the Product as is, of which the Customer is hereby expressly informed.

3.2 - Product availability
The Products offered for sale by ELEBADECOR are those shown on the Site on the date the Customer visits the Site and within the limits of available stocks. ELEBADECOR reserves the right to withdraw Products from sale at any time. ELEBADECOR does not guarantee availability of the Products presented on the Site. In case any Product is unavailable, the Customer will be informed at the earliest opportunity by email of delivery of a part-order or of the cancellation of his order.

3.3 - Partner Services
ELEBADECOR may propose links to other Websites managed by partner sites (hereinafter “Partner Services”). To the extent in particular that ELEBADECOR cannot control Partner Services, ELEBADECOR gives no undertaking as to these sites and external sources supplied and will incur no liability as to the content, advertisements, products, services or any other material available on or from these sites and external sources. Similarly, ELEBADECOR cannot be held liable for any damage or proven or alleged losses, consecutive or related to the use, contents or services available on these Partner Services or external sources.

4. PRICES ________________________________________________________________________

The prices of the Products are firm. They are stated in Euro. The price list in force is that set forth on the Site, except for typographical error. These prices take account of V.A.T. in application on the date of the order but do not include delivery or packing costs which will be billed in addition and will be specified to the Customer when his order is finally validated. The price billed to the Customer is the price stated on the confirmation of order sent by email by ELEBADECOR.
ELEBADECOR reserves the right, which the Customer accepts, to modify its prices at any time, without formality other than making the modifications on the Site. These modifications, however, will not have any effect on orders which ELEBADECOR will have accepted before the modifications come into effect, subject to availability of the Products ordered.

5. RESERVATION OF TITLE CLAUSE __________________________________________________

The Products ordered remain the property of ELEBADECOR until their price has been collected in full. On the other hand, on the effective date of delivery, the risks (in particular of loss, theft or deterioration) pertaining to the Products delivered are assumed by the Customer.

6. HOW TO PLACE AN ORDER _______________________________________________________

6.1 - Finding your way around the Site
The Customer may find and read about the various different Products offered for sale by ELEBADECOR on the Site. The Customer is free to browse all the different pages on the Site with no obligation to order.

6.2 - Registering the order
If the Customer wishes to place an order, he chooses the different Products in which he is interested and makes such interest clear by clicking on the “Place my Order” then “Confirm my Order” buttons.

6.3 - Final validation of the order
The Customer has to check the box opposite the message “I have read the general conditions of sale and accept them unconditionally” to validate his order before being able to choose the method of delivery offered on the same page.

6.4 - Confirmation of order
The sale will be treated as firm and final only once the Customer has been sent confirmation of acceptance of the order by ELEBADECOR by email or any other method of confirmation.

7. PAYMENT ______________________________________________________________________

Unless the server is unavailable, the Customer has two methods of paying for his order on the Site when validating his order:
- payment on-line via the secure interface PayZen (Lyra Network) by debit card (Carte Bleue, Visa and Mastercard)
- payment by Paypal® account;
ELEBADECOR reserves the right to refuse any order or delivery in case of an existing dispute with the Customer, total or partial non-payment of a previous order by the Customer or banking restrictions. ELEBADECOR invites the Customer to print out his order summary.

8. DELIVERIES ____________________________________________________________________

The products are delivered to the address you have given in the course of the ordering process. The Products are shipped from the warehouses of ELEBADECOR or its subcontractors in France within 24 hours of the order being placed (Monday to Friday, French public bank holidays excluded). An email containing the order number and parcel tracking number is sent to you when the order is prepared. The delivery times stated during the ordering process are average times of conveyance, to which the time needed to process the shipment should be added.

FRANCE
- Standard Home Delivery - 48 weekday working hours: 6.90 Euro inc. tax
- Home Delivery Signed For - 48 weekday working hours: 7.70 Euro inc. tax
- Express Delivery by TNT - 24 weekday working hours: from 14 Euro, inc. tax

BELGIUM
- Home Delivery “So Colissimo” (3 working days) from 7.70 Euro inc. tax
- Mondial Relay delivery (72 working hours) at collect point: 5.65 Euros inc. tax
- Delivery TNT Express is also available (the price will be worked out according to your order and sent to you before payment)

SWITZERLAND
- Home Delivery by “La Poste” (5 working days) from 12 Euro inc. tax
- Delivery TNT Express is also available (the price will be worked out according to your order and sent to you before payment)

EUROPEAN FLAT-RATE DELIVERY CHARGES
Home Delivery within Europe (3 to 5 working days) from 7.95 Euro inc. tax for the following European countries: Germany, Spain, Italy, Luxembourg, Netherlands, United Kingdom

WORLD DELIVERY
We deliver worldwide and for each country offer a standard or fast delivery (delivery times vary and are announced at time of taking the order on the Site). The delivery price will be worked out according to your order and you will be informed on the Site before payment.

N.B.: Orders shipped within Switzerland and into countries outside the EU may be subject to import charges or customs duties unconnected with ELEBADECOR and not covered by the delivery charge. Import charges, customs duties and other costs may vary from one country to another and ELEBADECOR has no control over these. We would recommend you consult the customs and excuse rules in application in your country.

The times given above are indicative only. In no case may exceeding these times by the carriers be relied on against ELEBADECOR or give rise to cancellation of the contract of sale or to any compensation in favour of the Customer. Any anomaly relating to delivery (parcel damaged, items missing compared to ELEBADECOR’s invoice, etc.) must be the subject of reservations consigned on the carrier’s delivery note. At the same time, the Customer must inform the customer services department at SOUS LE LAMPION / UNDER THE PAPER LANTERN (contact"@"sous-le-lampion) and the carrier within 7 days of the delivery date, by registered post with acknowledgement of receipt, of the said claims which must be reasoned and accompanied by supporting documents. Once this period has passed and failing compliance with these formalities, the Products will be deemed compliant and free from any apparent defect and no claim will be validly accepted by ELEBADECOR. In the event of a compliance defect in the Product delivered (faulty item, error in order preparation), the Customer must inform the customer services department at ELEBADECOR within 7 days at contact"@"sous-le-lampion.com. In the event that the return of the defective Product is justified, ELEBADECOR will (at its choice) either refund the defective Product or exchange it, to the extent that this Product is available in stock, to the exclusion of any compensation. It is specified that the carriage costs are at ELEBADECOR’s charge in the case where the decision to return the Product is the result of an error originating with ELEBADECOR.

9. RIGHT OF WITHDRAWAL _________________________________________________________

In accordance with the provisions of article L.121-20 of the Consumer Code, the Customer has a period of fourteen (14) clear days to return the Product(s) he ordered, at his cost, if he is dissatisfied with the Product(s), and to cancel his order. This period runs with effect from the date of delivery of the order. Any exchange or return must be the subject of a request to exchange or return by contacting the customer services department of ELEBADECOR at contact"@"sous-le-lampion.com. The Product(s) must be returned in its(their) original packaging and accompanied by the delivery slip and invoice, to the address which will be given by the customer services department of ELEBADECOR. ELEBADECOR does not accept freight forward parcels. All risks connected with returning the Product(s) are at the Customer’s charge. If the above conditions are met, ELEBADECOR will refund the Customer the sums corresponding to the Products acquired by him, will exchange the Product or Products within a period of thirty (30) days following the date on which the Customer exercised his right of withdrawal in accordance with article L.121-20-1 of the Consumer Code.

10. WARRANTIES __________________________________________________________________

All products supplied by ELEBADECOR enjoy the legal compliance warranty provided at articles L.211-4 to L.211-14 of the Consumer Code or the hidden defects warranty provided at articles 1641 to 1649 of the Civil Code, inasmuch as normal use thereof has been made and advice on maintenance has been followed.

Article L211-4 of the Consumer Code:

The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.

Article L211-5 of the Consumer Code:

To conform to the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

Article L211-12 of the Consumer Code:

Action resulting from lack of conformity lapses two years after delivery of the product.

Article 1641 of the Civil Code:

A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

Article 1648 point 1 of the Civil Code:

The action resulting from redhibitory defects must be brought by the buyer "within a period of two years following the discovery of the defect”.

11. LIMITATION OF LIABILITY ________________________________________________________

The obligations of ELEBADECOR under these General Conditions are a best endeavours obligation. The Customer remains sole judge of the appropriateness and suitability for his requirements and consumption of the items he orders. The liability of ELEBADECOR shall not and cannot be incurred for any use of the Products not complying with their intended purpose. ELEBADECOR cannot be considered liable (i) for the loss, corruption or fraudulent access to and of the Customer’s personal data, (ii) the accidental transmission of viruses or other harmful elements, arising from accessing the Internet or transmitting electronic mail. ELEBADECOR does not warrant that the Site will be continuously available, without temporary interruptions, suspension or errors. Without limiting the scope of the other provisions of the General Conditions, ELEBADECOR’s liability can only be incurred in the case of a proven fault exclusively attributable to it. At all events, it will be limited solely to direct damage. ELEBADECOR reserves the right to suspend the operation of the Site at any time.

12. PERSONALLY IDENTIFIABLE INFORMATION ________________________________________

ELEBADECOR is mindful of protecting the personal information disclosed by Customers (the “Personal Information”). In this context, ELEBADECOR undertakes to observe confidentiality in respect of the Personal Information transmitted. This article explains (i) how Customers’ Personal Information is used; (ii) how each Customer is able to correct, change or delete the Personal Information which ELEBADECOR is holding on him/her; (iii) to whom ELEBADECOR is able to disclose the same; and (iv) the security measures put in place by ELEBADECOR with a view to protecting the confidentiality of the Personal Information.

12.1. - Ultimate purpose of collecting the data
The Personal Information is processed by ELEBADECOR for managing Customer profiles, marketing and statistical survey, Product quality monitoring, customer relations management and sales canvassing, with the aim of supplying Customers with the best adapted Products.

12.2. - Access to the Personal Information
The Personal Information is accessible at any time in the “My Account” section, through the Customer’s email, login and password. In accordance with Law no. 78-17 of 6 January 1978 on data protection and privacy amended by Law no. 2004-801 of 6 August 2004, (the “Data-processing and Civil Liberties Law”), the Customer has the right of access, correction, removal and objection relating to the Personal Information concerning him. To exercise this right, the Customer should send an email to the following address: contact@sous-le-lampion.com

In accordance with the Data processing and Civil Liberties Law of 6 January 1978, ELEBADECOR has registered with CNIL the data protection authority, for the collection and processing of Customer’s Personal Information under numbers: 1572440 v 0 and 1572456 v 0.

All the Personal Information is sent to and stored at the Site’s host, the details of which are to be found on the Home Page in the section “Legal information”.

12.3. - Disclosure to third parties
ELEBADECOR may be required to disclose Customers’ Personal Information to legally empowered organisations or authorities, to the extent that such disclosure is required or authorised by the law, or where ELEBADECOR judges it necessary or appropriate to satisfy the laws and other applicable texts or to protect or defend its rights or those of its employees, customers or any other person. ELEBADECOR may transmit Customers’ Personal Information to third parties in case of assignment, transfer of assets, reorganisation or liquidation. ELEBADECOR will then notify Customers if their Personal Information will be the subject of a different confidentiality policy. The Personal Information gathered may also possibly be passed on to third parties connected with ELEBADECOR by contract to carry out subcontracted tasks necessary to manage your profile or the supply the Products. Unless the Customer objects when his Personal Information is being gathered, ELEBADECOR may pass its Customers’ Personal Information on to its partners for canvassing and marketing purposes in particular by email, post or telephone. Even after giving his agreement, the Customer is able to object to this communication continuing by applying by email to the address contact@sous-le-lampion.com.

12.4. - Retention
The Personal Information will only be retained for the time period strictly necessary to manage the customer- and prospect relation and not exceeding the period during which the Customer’s account will be active.

12.5. - Security
ELEBADECOR has taken the relevant precautions to ensure its datafiles are secure and that its computer system is protected, and to prevent, in particular, the Personal Information from being distorted, damaged and accessed by unauthorized third parties.

12.6. - Confidentiality
When the Customer creates an account, he chooses an email address and a password which he will be asked for each time he wants to log on. The Personal Information is therefore protected by a password such that the Customer, and only the Customer, can access it. ELEBADECOR recommends that users do not disclose this to anyone. The Customer should, moreover, not forget to log out of his profile and close the window on his browser at the end of his session, particularly when using a computer shared with others for accessing the Internet. In this way, the Customer will avoid other users accessing his Personal Information. In particular, the Client is solely responsible for ensuring his password is kept confidential. He alone is liable for any consequences that might ensure from any use by third parties who may have had knowledge thereof. In case he forgets his password, there is a function available on the Site whereby the Customer can be sent his password by email. Similarly, should the Customer be concerned that a third party knows his password, he may create a new in the “My informations” section of “My Account”.

12.7. - Minors
ELEBADECOR recalls that the collection of data from minors requires parental authorisation.

13. FORCE MAJEURE ______________________________________________________________

ELEBADECOR cannot be held liable for total or partial non-performance of its obligations if this arises due to an act of God or the occurrence of an even amounting to force majeure such as, in particular but not limited to, flood, fire, storm, lack of raw materials, transport strike, partial or total strike or lockout. These events constitute a cause for suspension and/or extinguishment of ELEBADECOR’s obligations towards the Customer without compensation in favour of the Customer.

14. INTELLECTUAL PROPERTY ______________________________________________________

The intellectual property rights attached to the Products sold on the Site are and remain the exclusive property of ELEBADECOR. All operating rights are reserved exclusively for ELEBADECOR. In these conditions, no-one is authorised to reproduce, operate, disseminate or use the intellectual property rights in any capacity whatsoever and not even partially, without the prior written agreement of ELEBADECOR. The marks and logos of ELEBADECOR are registered marks. Thus, any reproduction thereof amounts to infringement.

15. COOKIES _____________________________________________________________________

ELEBADECOR may be required to store a “cookie” (an alphanumerical identifier) on the Internet-user’s computer hard disk, for the sole purpose of being able to recognize him or her on subsequent visits to the Site. The period during which the information relating to the Internet-user’s browsing history of the Site supplied by the cookie is retained will not exceed one year. It is recalled that the Internet-user is able to oppose the storage of cookies on his hard disk by configuring his browser as follows:

For Mozilla Firefox:

1. Choose the “Tools” menu then “Options”
2. Click on the “Privacy” icon
3. Locate the “Cookies” menu and select the options desired

For Microsoft Internet Explorer 8.0:

1. Choose the “Tools” menu then “Internet Options”
2. Click on the “Privacy” tab
3. Select the level you want with your cursor

For Netscape 6.X and 7. X:

1. Choose the “Edit” menu > “Preferences”
2. "Advanced"
3. Select "Warn before accepting cookies."

However, the User will forfeit the ability to personalise the Service delivered to him by ELEBADECOR via the Platform.

16. WHOLENESS OF THE CONTRACT ________________________________________________
The General Conditions and the order summary forwarded to the Customer form a contractual whole and amount to the whole of the contractual relations occurring between the Parties.

17. GOVERNING LAW - DISPUTES ____________________________________________________