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Terms and conditions of use
I – APPLICATION
The present general conditions of use and sale hereunder detailed (below indicated the "General Conditions"), govern the contractual relations between every user of the website http:// www.ethicaltradeshop.com (below indicated the "Website") wishing to make a purchase via the Website (below indicated "the Buyer") and the Ethical Trade Place Sarl company, of French law, registered in the RCS of Paris under nr. 515 122 729, the head office of which is in Paris, 75 avenue Parmentier and the representative of which is Madame Régine Tandavarayen, the manager.
Ethical Trade Place® has for main activity the sale of products on the Website. As such Ethical Trade Place is subjected to the current French laws, in particular the law "Computing and Liberties" and the law "For the Trust in Digital Economy", in its quality of seller via Internet.
These General Conditions are the only applicable ones and replace any other conditions, unless preliminary, express and written agreement between Ethical Trade Place® and the Buyer. At any time, Ethical Trade Place® can change certain parts of the General Conditions. Consequently, it is necessary that the Buyer refers to the current version, the day of his order on the Website. These modifications are opposable to the Buyer as from their on-line publishing and will apply to the orders registered after the date of on-line publishing. Any purchase on the Website is made under all the clauses of the General Conditions. The Buyer can validate his order only having duly accepted the General Conditions by marking the icon dedicated for that purpose. By validating the General Conditions, the Buyer declares to have the legal capacity allowing the conclusion of a contract according to articles 1123 and following of the Civil Code.
The Website on one hand and the "Users" on the other hand, understanding the Buyers and the Sellers, are independent parties, each acting on his behalf and for his own account. The present General Conditions create no link of subordination, mandate, or joint venture between the Website and the Users.
The General Conditions, the orders, the e-mails of correspondence as well as the sale contract concluded with the Buyer are in French language for the Territory.
II – DEFINITIONS
For the understanding of the General Conditions, the following terms mean:
- Territory : indicates Metropolitan France and the European Union.
- Users : indicates every person located on the Territory connecting on the Website.
- Salesmen : indicates the selected creators presenting their products on the Website.
- Buyers : indicates the users passing orders on the Website
III – ETHICAL TRADE PLACES PRODUCTS
Products put on sale by Ethical Trade Place® on the Website (below "Products") are described on the Website and Ethical Trade Place presents the characteristics by pictures and descriptive index form established from the data supplied by the Sellers. Ethical Trade Place’s® products are proposed for sale during the time announced on the Website if necessary. Any order proposed during an update of the descriptive index form, cannot be confirmed by Ethical Trade Place®. In any case, only the confirmation of the purchase by Ethical Trade Place® guarantees to the Buyer the availability and the delivery under the General Conditions.
IV – THE PLATFORM AND INTERNAL REGULATION
Ethical Trade Place® offers to the Buyers the possibility of reaching the Platform to be able to buy on-line consumer goods under ethical fashion, through a Buyer’s account which stays at his disposal without any temporal limit.
At any time, can be updated, modified or deleted the information registered on the Website. Ethical Trade Place® cannot be held responsible of the use made by the Buyers of these information.
The Users have the possibility to supply personal information. The supply of personal information is not necessary for the navigation on the Website. On the other hand, the registration on the present Website supposes the collection, of a certain number of personal information concerning the Users. The Users not wishing to supply the necessary information for the use of the Service offered by the present Website as well as the creation of a personal space cannot place any order.
In case of an order on the Website, the information linked to the payment, in particular credit card’s number and its use in purpose of commercial identification is necessary with the consent of the concerned person, through the various present forms on the Website.
Ethical Trade Place® is free to refuse the publication of any contents which would appear not in compliance with the ethics and with the reputation of the Platform, being able to have access to the dignity of the persons, their worthiness, inciting to violence or making the apology of crime, racism or quite other shape of segregation or quite other illegal contents.
4.1 Users Sellers:
The Seller guarantees that in the day of the publication of his offers and for all the duration of this publication :
- He has the free right, the authorization, and the effective ability to sell products presented on the Website,
- No complaint was formulated, and, no complaint is about to be formulated for a violation of any right belonging to a third party,
- The information published doesn’t deny any right of a third party, and in particular at no intellectual property right. He guarantees Ethical Trade Place® against any demand or disturb Ethical Trade Place® could have of his fact, and makes a commitment to support himself the financial consequences, and to indemnify Ethical Trade Place® for any damage.
The Seller makes the description of the product which he wishes to put on sale according to the instructions supplied by the Website.
The sale of a good involves to accept every Buyer presented on the Website for the sale of the considered good.
4.2 Users Buyers:
The Buyer guarantees that in the day he sends his intentions of purchase to the Website, he is really ready and capable of buying the concerned goods. The Buyer guarantees that he has the necessary financial means if he decides to buy the good concerned at the proposed price.
The Buyer guarantees not to stop the correct running of the Website.
Every Buyer or Seller is responsible for the use of the Service made from his account. The schemes enumerated below (not exhaustive list) can lead Ethical Trade Place® to close the account of every violating User:
- Mislead Ethical Trade Place or Users by using the name of other persons,
- Supply any false, strange or erroneous information,
- Download, show, pass on, by e-mail or in any other way, any contents including computer virus or other code, file or program created to stop, destroy or limit the functionality of any software, computer, or telecommunication’s element without having this enumeration limited,
- Hinder or disrupt the Service, the servers, the networks connected to the Service, or refuse to conform to the required conditions, to the procedures, to the main rules or to the regulatory measures applicable to networks connected to the Service,
- Violate, deliberately or not, any law or current national or international regulations as well as in particular, a legal act and other rules having force of law.
V – MODALITIES OF ORDER
The orders are exclusively made on Internet.
The use of the Platform is exclusively reserved for the Users of the Website.
The Buyer interested in the Service offered by Ethical Trade Place® guarantees that all the indications given are true and complete and that he performs the conditions of use of the Platform. He must be 18-year-old and capable in contracting unlimitedly.
To join, the new User has to supply a valid e-mail address which can be authenticated and complete his User profile.
The registration as User and the authorization to reach the Platform are made after the reception of the form by the Website. Ethical Trade Place® will send an electronic message announcing the execution of the registration will open an account and will communicate User's name and password.
Ethical Trade Place® can, at any time of the registration, refuse Users, without any motives, in particular in the following cases:
- If the User gave false, incomplete or unverifiable indications during the registration.
- In case of doubt as for the seriousness or for the solvency of the User.
- In case of violation of the actual General Conditions.
As such, Ethical Trade Place® can verify any information supplied by the Users before their registration, and if necessary, refuse, remove or delete any information. Ethical Trade Place® has the right to end all or any part of the access corresponding to an account and a password, even to delete any account and password.
The Buyer has to check the exhaustiveness and the truthfulness of the information which he supplies to Ethical Trade Place® during the order and particularly his delivery address. The e-mail of validation of the order means the approval by Ethical Trade Place® of the Buyer’s order and so the sale contract between the parties according to the General Conditions. The information supplied by the Buyer as well as the General Conditions are parts of the contract approved between the Buyer and Ethical Trade Place® and will be reminded within the e-mail of confirmation of the order. The Buyer is responsible to keep this e-mail representing his copy of the sale contract. The Buyer can reach the contents of his order at any time by connecting on the Website and by opening the tab "Customer Space".
VI – AVAILABILITY
The offers of Products are valid as long as they are visible on the Website. In case of unavailability of the Product after the order, the Buyer will be informed by e-mail or by telephone about the delivery of a partial order or about the cancellation of his order.
VII – PRICE
The price to be paid is the price indicated on the Website in the Product sheet, during the order. The price will be definitive only after confirmation of the order. All the prices are written on the Website in euro, all taxes included ("TTC") and postal fees included for Metropolitan France (except Corsica, Monaco) and the Countries of the European Union. The exact amount of postal fees depending on the place of delivery and on the order’s contents will be charged to the Buyer for any other destination.
The prices of Products appearing on the Website may be modified. Ethical Trade Place® can modify the prices without advance notice, in particular in case of error of labelling. The prices appearing at the time of the purchase are the prices applicable to this purchase.
VIII – TERMS OF PAYMENT AND INVOICE
The payment of the goods is made by credit card or PayPal.
The Buyer indicates his address, confirms the basket and the total price. During the on-line payment, he supplies the information relative to his credit card. He confirms his order by clicking "Validate" and will receive the confirmation of the sale.
If the payment selected by the Buyer does not succeed, in particular because of a too low bank account or incorrect banking data, the Buyer is responsible for all the costs occurred by the arrival of a third party to resolve the payment.
The Buyer gives clearly his agreement to receive invoices and information which are connected by e-mail in file PDF, for the first print of the invoice, and check to give to Ethical Trade Place® a current and effective e-mail address. On inquiry, Ethical Trade Place® will print the invoice which will be sent by fax or by mail. Expenses will be charged.
If the User gives the right, during the registration, or transfers to Ethical Trade Place® the information to make the payment of products by electronic taking, by credit card or by debit notice, Ethical Trade Place® is allowed to register or transfer these information to the services in charge of the registration of the invoices, as far as rules about personal are respected. The right for the taking is valid according to the conditions of granting, until revocation, for all the expenses of the current and future use of Ethical Trade Place®. The User guarantees to inform Ethical Trade Place® about any current banking address.
IX – SECURITY OF PAYMENTS
Although Ethical Trade Place® uses secured software, the safety of the information and the payments passed on Internet or via e-mail cannot be guaranteed. Ethical Trade Place® cannot be responsible for the damage resulting from the use of electronic communications, including – but not in an exhaustive way - the damage resulting from a failure or from a delay of transmission of electronic communications, from the interception or from the manipulation of electronic communications by third parties or by IT programs used for electronic communications and for transmission of virus.
X – CANCELLATION
The Buyer has the possibility to cancel any order, free of charge and without any reason, if it was not already sent.
To ask for a cancellation of order, the Buyer contacts Ethical Trade Place by e-mail via "Contact" on the Website. If Ethical Trade Place® can satisfy the request of the Buyer, an e-mail of confirmation will be sent and the Buyer will entirely be paid off or will receive a credit note. If Products ordered by the Buyer left the warehouse of the Seller and are delivered, it is still possible to cancel the order but, in that case, the refund will be decreased by the expenses of delivery. Products will be delivered and the Buyer will have to refuse them at the time of the reception. Products will have to be returned to the Seller and the amount of the order will be entirely refunded or recorded in a credit note to the Buyer after deduction of the expenses of delivery round trip.
XI – RETRACTATION
The Buyer has seven (7) days as from the reception, to make under his payment the return of his order whatever is the reason. In application of the Belgian law, the Belgian customers have a deadline of fifteen (15) days to use this right. If the deadline comes on Saturday, on Sunday or during holiday, the deadline is extended until the first working day following at midnight. To facilitate the coverage of the request in retraction of the Buyer, it is possible to send such a request to Ethical Trade Place® through the "Contact" on the Website. The retraction’s delay ends the seven (7) days which starts as from the reception of Products. The Buyer can also inform Ethical Trade Place by sending a mail to the following address: Ethical Trade Place®: 75 avenue Parmentier, 75544, Paris Cedex 11
Or by calling the Buyer’s Service 33 (0)173023330 (Price of a local call from a fixed telephone, from Monday to Friday (9.30-12.30am / 2.00-6.00pm)).
The return of Products in case of a retraction is entirely at the expenses of the Buyer. The returns will give rise to a refund or credit note.
Conditions of retraction:
The way of return will be at the initiative, convenience and at the expense of the Buyer, to the address of the Seller indicated on the delivery slip. The Seller will proceed to a quality control of the Product in the warehouse. Products necessarily have to be new, without any track of use, with their possible accessories and notice of use. It is only after verifying these conditions that Ethical Trade Place® will proceed to the refund, or to the issue of a credit note, of the amount paid for the returned products, without all the delivery fees paid by the Buyer. If said conditions are not combined, the refund of the Buyer will be decreased with the amount corresponding to the loss of value of the Product, noticed during the control.
It is recommended to the Buyer to return his product by express post followed with signature. It will be up to him to prove the reception of the parcel in case of claim with the Seller.
Once Products are returned to the respect for the procedure described above, the refund (including the initial sending fees for the Product but not the expenses of return of the Product) will be made within thirty (30) days maximum according to the date of reception by the Seller of Products in return. Beyond this term, these sums are interest-bearing at the legal rate.
Throughout the procedure, the Buyer will be informed by e-mail of the reception of his retraction, the return of his Product, as well as the date of refund.
XII – DELIVERY
The delivery of Products is made on the Territory, possible in Monaco and in Corsica with an additional fee.
The Buyer has to fill carefully, at the time of the order, all the fields of the delivery’s form, including the address and specify the best hours, while indicating a fixed or mobile phone number. Ethical Trade Place®, neither the Seller, nor the delivery man cannot be responsible for an impossibility to deliver because of a mistake in the delivery address.
The delivery deadlines are calculated in working days and are specific for each Product. Considering special manufacture upon request for certain Products and consequences to their transport, these deadlines may change without any responsibility for Ethical Trade Place®. In any case, the delivery of Products will not exceed 4 weeks as from the reception by the Buyer of the confirmation of his order.
The Buyer has to indicate a delivery address and a person who can receive the Product during the first delivery (for example : office, house of a friend or a member of the family, etc.).
In case of impossible delivery the day of the appointment, because of inappropriate information, or problems of access not indicated previously by the Buyer, or Buyer’s absence, breaking the agreement, the fees can be charged by Ethical Trade Place®, which will get in touch with the Buyer for the payment before any re-delivery of the Product. In case of non payment of these fees, Ethical Trade Place® cannot proceed to the delivery of the Product. The risks of damage resulting from these problems will also be chargeable to the Buyer.
During the delivery, the Buyer will have to unpack the Product in the presence of the delivery man and check that the delivered Product perfectly corresponds to his order and that no damage affects the Product before signing the delivery form. In case of error, the Buyer will have to register exactly the nature of his comments on the delivery form. These comments must be handwritten, dated, detailed and certified with a signature on the delivery form. The Buyer will have to inform on the nature of the damage: scratches, bumps, tasks, etc. Also, if an error of delivery is noticed, the Buyer will have to specify the nature of the error: bad colour, bad reference, etc.
In case of error or damage, the Buyer will necessarily have to refuse the Product and send his comments in the time of five (5) days by e-mail via "Contact" on the Website and simultaneously via a letter with recorded delivery at the address indicated below: Ethical Trade Place 75 avenue Parmentier, 75544, Paris Cedex 11.
Any complaint sent after these deadlines cannot be accepted. If the Buyer does not express comments, the delivered Product is considered satisfying and cannot be contested.
If the Buyer wishes to modify the delivery address or postpone the delivery date, he will have to inform Ethical Trade Place® as soon as possible and at the latest five (5) working days before planned delivery date. He will have to use the section "Contact" on the Website or in his personal space "My addresses". He will have to remind his number of order, the concerned Product and indicate his comments justifying the modifications. Ethical Trade Place® will then confirm its acceptance or its motivated refusal, by e-mail or phone as soon as possible.
Except the cases of defect of conformity or latent defects, no complaint andor later comment will be accepted by Ethical Trade Place®, after reception of Products by the Buyer, if he did not follow the procedure described above.
XIII – GUARANTEED NON CONFORMITY
The Buyer can inform Ethical Trade Place® about the non-conformity of the Product with the object of his order after reception of the Product. For that purpose, the Buyer can use the section "Contact" on the Website. He will describe the not corresponding elements of the delivered Products and his choice between exchange and refund. If the Product initially ordered is not available any more, the Buyer can ask for a replacement for an equivalent Product or a refund. Ethical Trade Place® will describe the procedure to be followed to make free of charges the return of Products before reception of the new Product or the refund. Nevertheless Ethical Trade Place can refuse each exchange, if it would engage disproportional costs, and to opt for the refund.
This procedure cannot apply in case of using the right of retraction, in which case the fees to return the Product are completely chargeable to the Buyer.
XIV - INTELLECTUAL PROPERTY
Ethical Trade Place® is a protected brand registered in the INPI, Ethical Trade Place® and Ethical Trade Shop are also protected under domain names. There are Ethical Trade Place's exclusive property and cannot be used without its preliminary agreement. Any link with other websites without previous agreement of Ethical Trade Place® is strictly forbidden. Pictures, texts and graphic elements proposed on the Website are Ethical Trade Place’s® property and protected in conformity with the copyright. Any copy is strictly forbidden and will be pursued and punished at once. Any parasitism based on the concept of Ethical Trade Place’s® sale is strictly forbidden and will be pursued and punished at once.
XV - PERSONAL INFORMATION
This Website has been registered with the CNIL on January 6th, 2011 under the number : 1476269. To assure the management of the personal information, these can be transferred to providers located outside the European Union, in countries offering the same level of protection, either by a decision of the European Commission or by a contract signed according to main clauses of the European Commission.
Regarding its commercial activity, Ethical Trade Place® collects personal information voluntary provided, in particular during the registration of any new member in the Ethical Trade Place® community (the " Registration"). The Registration is voluntary for every User wishing to participate to the community Ethical Trade Place® (the "Voluntary Registration") and necessary for every Customer. Ethical Trade Place® collects the following personal information : name, first name, date of birth, mailing address and e-mail address (below the "Personal Information"). The Personal Information is mainly used to confirm the management of the Buyers’ orders.
In case of a Voluntary Registration, the member becomes an actor of the community Ethical Trade Place®. He consents to the use his e-mail address for any communication on behalf of Ethical Trade Place®, in particular informing him about new Products, special offers proposed by Ethical Trade Place®, which may interest him.
Ethical Trade Place® guarantees to use the Personal Information only for the exploitation of the Website. Ethical Trade Place® guarantees not to rent or sell the Personal Information. At first demand of its Users willing to modify or delete the Personal Information, Ethical Trade Place® guarantees to make the said modifications. Ethical Trade Place® can besides apply the technical operations to get no personal information relative to the Buyers andor simple visitors, intended to improve the use of the Website, for example by counting the number of visitors on the Website.
The User agrees on the use of his Personal Information within the framework of the internal marketing of Ethical Trade Place®. He can, at any time express his opposition to such a use, Ethical Trade Place® making then a commitment not to use any more his Personal Information. The User can either send an e-mail to Ethical Trade Place® via "Contact" on the Website, or click the link planned for that purpose in the e-mails presenting the new Ethical Trade Place’s® offers.
The Users of the Platform, by their registration, authorize Ethical Trade Place® to use appropriate computing processes, such passwords, "cookie", and different programs, to allow their authentication.
XVI - DISPUTE AND RESPONSIBILITY
Ethical Trade Place® has an obligation of process and not of results.
Ethical Trade Place® cannot be responsible towards a User in case of incorrect use of the Website, within the framework of the complaints appearing about the present clauses. These limits of responsibility will apply so as to prevent the requests of direct, indirect, incidental, consequent, special damages, even if these requests are based on a guarantee, a contract, damages (including carelessness) or others, even if Ethical Trade Place® was warned of the possibility of such damage.
The Website gives access to information, photos, video movies, etc. which are supplied by every Seller or any third party. Ethical Trade Place® does not guarantee the exactness as well as the relevance and the interest of these contents. Ethical Trade Place® is not responsible for any information or analyses communicated on the Website, supplied in an indicative way.
Ethical Trade Place® cannot be responsible in case, all or any of the contents supplied by every Seller or third party, would break any intellectual property right or the other right of a third party or any applicable regulations.
Ethical Trade Place® is intermediate and moves closer to Sellers and to Buyers. Ethical Trade Place® is not responsible for the conclusion, execution or the end of the relation established between each Seller and Buyer, nor the quality of the Products. Ethical Trade Place® cannot be responsible for any financial, commercial or technical loss, held if necessary by each Seller or Buyer, such as the loss of earnings, turnover, order, data and quite other financial losses.
The Buyer has to check the exhaustiveness, the truthfulness of the information which he supplies to Ethical Trade Place® during the order in particular the delivery address. Ethical Trade Place® cannot be responsible for possible typing errors which could make errors of delivery. Ethical Trade Place® cannot be responsible for the no respect by the Buyer of the modalities of delivery and for the appointment fixed with the delivery man. If necessary, the fees to resend the Products will be chargeable to the Buyer.
Without limiting the previous paragraphs, Ethical Trade Place’s® responsibility cannot exceed a sum equal to amounts paid or payable during the transaction at the origin of the mentioned responsibility, whatever is the cause or the shape of the concerned action. Are considered as coincidence or force majeure except of responsibility, any facts or unpredictable and independent circumstances from the will of the parties in particular in case of all-out or partial strike of delivery men, and from natural disasters.
The choice and the purchase of the goods by the Buyer are under his own responsibility. Consequently, the total or partial impossibility to use Products in particular because of incompatibility of the equipment cannot give rise to compensation, refund or Ethical Trade Place’s® responsibility, except for a turned out latent defect, non-conformity, imperfection or an exercise of the right of retraction, planned by the French Code of the Consumption.
It is reminded that the manufacturer is responsible on principle for all which concerns the security of Products regarding article 1386-1 of the French Civil code.
XVII – PROTECTION AND SECURITY
The Users have to keep confidential their connection’s code to their private publication’s space. They will quickly act to modify this confidential access code, if they suspect the use by a not authorized user. In that case, they will quickly have to refer there to Ethical Trade Place® by supplying him any information to identify the guilty party.
The User is responsible for any excessive use of his password, except if he can provide the evidence that this excessive use is due to a failure from Ethical Trade Place®. Ethical Trade Place® can stop the access if the User tries to enter on the platform with a false password.
If necessary, the Users will have to acquire equipments and protections to reach and navigate in a security way in the Platform, in particular regarding antivirus protection, to avoid that they extend such affected programs or receive them him if they have to communicate with Users who would have their infected equipment. The costs connected to these equipments or protections are completely at their expense.
Ethical Trade Place® cannot be responsible for technological limits linked to Internet : technical performances, time of answer, risks of interruption, risks inherent to any transfer of data.
Ethical Trade Place® tries to leave the Website and its access contents 24/24 hours and 7/7 days.
The Website tries at its best hard to secure its systems against the loss andor any shape of irregular use of its data. In this purpose, the Website operates relevant technical and organizational measures according to the current state of the technique
However, the Service is supplied "such as", is accessible according to its availability and Ethical Trade Place® cannot be responsible for any problem occurring on the Website as well as any direct or indirect consequences connected to possible problems. The maintenance, tests, upgrade are freely chosen and made by Ethical Trade Place® at any time, whatever are the procedures and average employees for that purpose.
XVIII - REGULATION OF THE DISPUTES
The General Conditions will be executed and interpreted according to the French law. The parties will look before any claim, for a mutual agreement, being reminded that it does not interrupt the deadlines to act in guarantee. Any claim of all kinds or any contesting relative to the training or the execution of the order, even in case of an appeal in guarantee or of various defendants, will be if no agreement, of the exclusive skill of the Courts in the spring of which is Ethical Trade Place’s® has its head office.
XIX - DIVISIBILITY OF CLAUSES
The fact that some clause of the General Conditions becomes illegal or not applicable because of a law, a regulation or following a decision of justice, cannot question the validity, the legality, the applicability of the other conditions of the General Conditions and will not exempt the Buyer of the execution of its contractual obligations.