Terms of Sales
These general conditions govern the sale of the products presented on the site www.efemera.shop
Any order implies acceptance of these general conditions of sale.
The sales contract is subject to French law.
The website www.efemera.shop is open to all users of the Internet network.
These General Conditions of Sale, as well as the order form and the order confirmation constitute
the sales contract between Efemera and the buyer relating to the sale of the products ordered.
Any order made on the website www.efemera.shop requires that the buyer accepts beforehand and without reservation
the General Conditions of Sale in their entirety.
In case of disagreement with the terms and conditions of the General Conditions of Sale, the buyer must not use the website.
Efemera reserves the right to modify the present, at any time by the publication of a new version
on the website www.efemera.shop
The general conditions of sale applicable are those in force on the date of payment of the order.
For any information relating to the execution of one or more orders, or the processing of a complaint,
the buyer must contact customer service :
· par courrier : à l'adresse du siège, 103 La vy du moulin 74270 Marlioz
Contact form
MEDIATION:
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, we offer a consumer mediation system. The chosen mediation entity is: CNPM - CONSUMER MEDIATION. In the event of a dispute, you can file your complaint on its website: https://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSUMPTION - 27 avenue de la libération - 42400 Saint-Chamond
Clause 1: Definitions
The terms and expressions identified by a capital letter in the General Conditions of Sale have the meaning indicated
below (whether used in the singular or in the plural).
· “General Conditions of Sale”: designate this document, i.e. the terms and conditions applying in the relationship between Efemera and the buyer.
"Order": designates the buyer's purchase order relating to one or more product(s) placed by use
from the website www.efemera.shop
· “Efemera Website”: designates the website accessible at the address www.efemera.shop
"Buyer": designates a natural or legal person, consumer, who uses the website www.efemera.shop and acquires
one or more Product(s), for his personal needs, having previously adhered to the General Conditions of Sale.
In principle, unemancipated minors do not have the legal capacity to conclude contracts and therefore to buy online.
For this, they must be represented by their legal representative.
Acts concluded by minors without the agreement of their legal representative are null and void.
Clause 2: Purpose
The purpose of these General Conditions of Sale is, on the one hand, to inform any buyer of the terms and conditions
with which the seller carries out the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations
parties in connection with the sale of products by Efemera to the buyer.
They apply, without restriction or reservation, to all sales made by the company Efemera, products offered
on its website www.efemera.shop
Consequently, the fact for any natural or legal person to order a product offered for sale
on the website www.efemera.shop implies full acceptance of these General Terms and Conditions of Sale
which the buyer acknowledges having read prior to his order.
Efemera also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The buyer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation.
The buyer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The buyer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing.
Unless proven otherwise, the information recorded by the Company Efemera constitutes proof of all transactions.
Clause 3: Creation of an account
To order products on the website www.efemera.shop , the buyer must create an account by providing the information required in the registration form.
To this end, the buyer declares to provide complete, non-erroneous personal information of such a nature as to allow
to its precise identification in any situation.
Any fanciful, slanderous personal information is likely to result in the closure of the buyer's account
and the cancellation of his order.
When creating his account, the buyer chooses an identifier and a password.
The buyer agrees to keep his username and password confidential.
This account will be accessible at any time by the buyer thanks to his identifiers.
The buyer is responsible for all actions carried out on the website www.efemera.shop by means of his identifier
and password. Any user registered on the website www.efemera.shop will be engaged for any order placed with the entry of their identifiers, subject to the right of withdrawal.
Clause 4: Terms of order
The buyer who wishes to buy a product online on the www.efemera.shop site must follow the ordering process which includes:
- An identification or account creation phase. (Clause 3)
- A product placement phase in the basket , product verification and validation .
At any time, and until validation of the basket, the buyer may modify, delete or cancel the contents of the basket.
In application of the provisions of article 1369-5 of the Civil Code, the buyer has the possibility of checking the details of his order
and its total price before definitively confirming it and, if necessary, correcting or modifying it.
Efemera cannot be held responsible for input errors by the buyer and their possible consequences in terms of delay
or delivery error.
In these hypotheses, the costs generated by a possible reshipment will be borne by the buyer.
- A payment phase under the conditions provided.
- An order confirmation phase through the acceptance of these general conditions of sale, and payment.
All the data provided, as well as the recorded confirmation will be valid as proof of transaction.
The Efemera seller will send confirmation of the registered order by e-mail, which will constitute acceptance of the order.
The photos illustrating the products of Efemera are as faithful as possible to the product received, but cannot be guaranteed 100%
to perfect similarity.
Colors may differ slightly between a screen and a product received.
It is up to the buyer to check the conformity of the product upon receipt of it.
All complaints concerning the product(s) must be sent to us by email at: efemera.shop@gmail.com
within 7 calendar days of receipt.
After this period, the product will be considered as compliant, and cannot be the subject of any complaints.
In accordance with the provisions of Article L.122-1 of the Consumer Code, Efemera is entitled to refuse any order for legitimate reasons, in particular in the event of a payment problem, foreseeable difficulty with delivery, abnormal order or made in bad faith.
Efemera also reserves the right to request proof of identity by e-mail and/or telephone, in which case the buyer will then have the possibility of canceling his order.
Similarly, upon receipt of the order, Efemera is entitled to refuse it in the event that the prices displayed online
or resulting from the order would be, in particular due to an error or technical malfunction, computer bug, derisory or not in conformity with the actual selling price of the product.
The products are offered for sale only in the following geographical territory: Metropolitan France, Corsica,
Overseas, Switzerland, and countries of the European Union.
Clause 5: Product prices
The price of the Products indicated on the website www.efemera.shop is in Euros including tax (all taxes included)
The price of the products sold are those in effect on the day the order is taken.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of Efemera.
They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.).
Efemera therefore invites the buyer to find out about these aspects from the corresponding local authorities.
The prices of the products are understood to exclude the purchaser's participation in the costs of logistical preparation (processing; shipping) and delivery, which remain the responsibility of the purchaser.
The total amount of his contribution to these costs is communicated to the buyer , either when he connects to the website www.efemera.shop or when he calls to Customer Service, before he validates his Order.
Clause 6: Payment
Payment is due to validate the order.
Without validation of the general conditions of sale, and of the basket by payment of the buyer will lead to the cancellation of the latter.
All orders not paid within 48 hours will be void and cancelled.
The payment of the order can be made by the buyer by credit card, or by Paypal in a secure environment,
according to the methods proposed on the website www.efemera.shop.
The payment order made by credit card cannot be canceled (except in the 3 cases provided for by the law of December 30, 1991).
The payment of the order by the buyer is irrevocable, in that he cannot revoke his payment order as soon as he has entered his confidential code or signed it.
However, the buyer can exercise his right of withdrawal within 14 days of receiving his order.
(Excluding custom order)
If he withdraws, he does not have to give reasons, or to pay penalties, but the return costs remain his responsibility.
For an order via the website www.efemera.shop, the buyer confirms and guarantees that he is the holder of the bank card
and that the latter gives access to sufficient funds to cover the payment of the order.
The buyer's bank account will be debited at the end of a period of 24 hours following the date of confirmation of the Order.
The payment will be considered effective after confirmation of the agreement of the bank payment centers.
The buyer can also pay for his order via Paypal.
In general, the buyer guarantees to www.efemera.shop when taking the order, that he is fully authorized to use
the means provided for the payment of his order and that he has the possible authorizations necessary to use the method of payment concerned.
The products ordered remain the property of Efemera until final and full payment of the sale price.
In the event of delivery and non-payment, Efemera has the right to claim the products ordered, the buyer committing
for its part to return any unpaid product, and to bear all costs relating to the return.
Clause 7: Shipping
The products ordered are delivered in accordance with the home address or relay point informed by the buyer during the process.
of order on the delivery address.
It is the buyer's responsibility to verify that all data is correct.
Efemera cannot be held responsible for the misdirection of the buyer's order.
The products ordered will be delivered within the time indicated on the website www.efemera.shop
These shipping times do not take into account the time taken to manufacture the order.
Shipping costs are calculated according to the method of delivery selected (home, relay point), the weight of the package and place of destination.
As the deadlines are specified by delivery zone, within these there may be variations.
When the buyer orders several products , these will all be sent at the same time in the same package.
The shipping costs will therefore be adjusted according to the weight of the package.
The shipping time indicated when registering the order is given for information only, and is in no way guaranteed.
In any event, the maximum delivery time is thirty ( 30) working days from the validation of payment for the buyer's order for products in stock.
Consequently, any reasonable delay within 30 working days of the delivery of the products cannot give rise to the cancellation of the order and/or the allocation of damages for the benefit of the buyer.
For personalized items , manufacturing times are approximately 2 to 3 weeks . These times may vary depending on
school holidays. Delivery times of 30 days do not include product processing or manufacturing time.
In the event of the recipient's absence at the time of delivery, the carrier will leave a transit advice note at the delivery address indicated.
by the buyer. The Products must then be recovered or withdrawn from the address and according to the methods indicated by the carrier.
In the absence of withdrawal within the deadlines set by the carrier, the products will be returned to Efemera, which reserves the right to reimburse the price to the buyer, the shipping costs remaining the responsibility of the buyer.
In the event of a personalized order, no refund will be accepted.
Efemera cannot be held responsible for any problem arising from the carrier (strike, bad weather, work or production stoppage, etc.)
Packages that return to us following an incorrect address, unknown recipient, or retention period exceeded by the carrier
will be the responsibility of the buyer.
Despite all efforts, poor treatment by the carrier may damage the package.
The buyer is required to check the condition of the packaging of the package upon delivery.
If the external appearance of the package is not perfect, the buyer or the recipient of the products will open the package.
in the presence of the carrier in order to check the condition of the products.
make all reservations and complaints that appear justified
_cc781905-5cde-3194-bb3b-136bad58cf58d_ _cc781905-5cde-3194-bb3b-58cf58d_ refuse the damaged Products and indicate
"refusal for damage" on the return form.
In the event of refusal of delivery or return of the product for the reasons referred to in the previous paragraph, the buyer
may request a new delivery or the cancellation of his order under the conditions of clause 8 (Compliance).
After shipment, the buyer is required to inform Efemera either by email to the address: efemera.shop@gmail.com
either by the contact form on the site www.efemera.shop within 7 days of non-receipt of his package.
It will be up to the buyer to take the steps with the carrier to locate his shipment.
After this period, the package will be considered received, and cannot be the subject of any complaint.
There are two methods of shipping parcels. Colissimo With and Without insurance. The customer is the sole decision maker to choose one or the other shipping method. With Insurance, the customer will be reimbursed up to a maximum of 50th. Without insurance, there will be no possible refund, and no claim will be accepted.
Once the package has been deposited at the post office with proof of proof, Efemera cannot be held responsible for the misdirection of the package to the customer.
Clause 8: Compliance
Before shipping, the products delivered to the buyer are checked to ensure that they comply with the description given on the website www.efemera.shop
However, it is specified that, for technical reasons (photographic and computer), the actual rendering of the products may sometimes differ slightly from that of the photographs presented on the website.
Under no circumstances can Efemera be held liable for the following points.
According to article L.211-4 of the Consumer Code: “ The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing upon delivery. He also responds to defects of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility _cc781905-5cde-3194-bb3b- 136bad5cf58d_”.
According to article L.211-8 of the Consumer Code: “ The buyer is entitled to demand that the goods conform to the contract . »
According to article L.211-5 of the Consumer Code: “ To comply with the contract, the goods must:
1. Be specific to the use usually expected of a similar good and, where applicable
2. Correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
3.Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling (…) ".
Pursuant to articles L.211-9 and L.211-10 of the Consumer Code, the repair of the consequences of the lack of conformity or hidden defects, duly established and confirmed as such by Efemera, includes at the choice of the buyer ,
the repair or replacement of the product, unless this wish entails a manifestly disproportionate cost, taking into account the value of the good or the importance of the defect, compared to the other modality.
If the repair and the replacement of the good are impossible, the purchaser can return the good and be made refund the price or
keep the property and get part of the price back.
In these different cases, the buyer must contact Customer Service by email.
at www.efemera.shop@gmail.com">www.efemera.shop@gmail.com
or by the contact form and agree on the terms of return of the product concerned
Insofar as it is justified, the application of the provisions of articles L. 211-9 and L. 211-10 of the Consumer Code,
takes place at no cost to the buyer.
Clause 9: Right of withdrawal
Clause 10: Return Procedure
Clause 11: Terms of Product Use
Prior to any order and any use of products, the buyer must read all the information communicated on the website www.efemera.shop , find out about the characteristics and components of the Products and ensure that they are compatible with the use he wishes to make of it.
The buyer agrees to systematically follow the instructions for use indicated by the manufacturer on the packaging and on the instructions for use of the Products.
In accordance with Article L. 121-21 of the Consumer Code, the Buyer has a period of 14 clear days from the date of receipt of the order, to return the products ordered, for refund or exchange.
(Excluding personalized products)
The products must be returned in their original packaging , without having been used, accompanied by the initial signed delivery slip. Return costs are the responsibility of the buyer.
No personalized products (nursery and kindergarten binder) adhere to the policy of the right of withdrawal.
The right of withdrawal may not be exercised for contracts listed in Article L.121-20-2 of the Consumer Code, including in particular contracts for the supply of goods made to the consumer's specifications or clearly personalized or which, nature, cannot be shipped or are liable to deteriorate or expire rapidly.
In order to facilitate the steps of the buyer, Efemera makes available on request of the buyer a withdrawal form.
If the aforementioned conditions are met, Efemera will reimburse the buyer, within 14 days from the date of receipt by Efemera of the package, of the sums paid by him, with the exception, however, of shipping costs and costs of returning the products which remain the responsibility of the buyer except in the event of a lack of conformity or of proven hidden defects of the product.
Only the return or exchange of products will be accepted in their original packaging, complete (accessories, instructions, etc.), in perfect condition for resale (unsoiled, undamaged, unworn).
In the event of use of the right of withdrawal for only part of the order, only the price invoiced for the returned Products will be refunded.
The Products must be returned to Flora Elize - Efemera 103 La vy du moulin 74270 Marlioz
Products must be returned within 14 days from the date of receipt of your order (postmark as proof).
The Products must be returned in their original packaging, properly protected.
They must be in perfect resalable condition .
Any product returned open, incomplete, damaged, damaged, damaged, soiled, even partially will not be refunded or exchanged. We recommend keeping proof of the return to facilitate procedures in the event of a problem arising during transport. Except hypotheses of lack of conformity or hidden defects of the Product, the costs of returns are the responsibility of the buyer.
Clause 12: Liability
The products presented on the website www.efemera.shop comply with the French legislation in force and with the standards applicable in France and other countries of the European Union .
Efemera strives to keep the information on this website as accurate as possible.
however, Efemera makes no warranties in this regard, whether express or implied.
The responsibility of Efemera can in no way be sought because of the contents available on other sites or Internet sources accessible by means of the hypertext links inserted on the website 5cde-3194-bb3b-136bad5cf58d_ (and in particular because of advertisements, products, services or any other information), nor damages of any kind which may be suffered by the buyer on occasion
of a visit to these sites.
Efemera makes no warranties with respect to the use of this website;
It is the responsibility of each user to ensure that their devices are protected against viruses, or against any other external factor.
The use of the website www.efemera.shop implies knowledge and acceptance by the buyer of the characteristics and
the limits of the Internet and related technologies, the lack of protection of certain data against possible misappropriation or hacking and risks of contamination by possible viruses circulating on the network.
Efemera being itself dependent on the quality of the Internet network, it does not guarantee the continuity of the website and
does not ensure the correction of defects found on the Internet.
Consequently, Efemera cannot be considered responsible for any unavailability of the website or any connection difficulty or interruption of the connection (malfunction of the servers, the telephone line or any other technical connection) when using the site. Internet or, more generally, any disturbances of the Internet network, affecting the use of the website.
In this context, Efemera is not responsible for the sending of forms to an incorrect or incomplete address, for any computer errors or defects observed on the site.
Clause 13: Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing
personal data and the free movement of such data, Efemera implements data processing
personal information identified as mandatory in the forms appearing on the website, the purpose of which is the sale and delivery of products defined in this contract.
Efemera undertakes to respect the confidentiality of the personal data communicated by the buyers on the website
and to process them in compliance with the Data Protection Act of January 6, 1978, as amended and currently in force.
Efemera may be required to communicate the buyer's data for the purposes of the processing and delivery of orders by its service providers, and to carry out satisfaction surveys.
In addition, Efemera may also communicate customer data to respond to an injunction from the judicial or administrative authorities.
The buyer can exercise his individual right of access to the file, his right of opposition, rectification or deletion for the data concerning him, either by modifying his personal information himself on the "My Account" space,
or by sending a request to Efemera (indicating e-mail address, surname, first name, postal address by post to the following address: Elize Flora - Efemera 103 La vy du moulin 74270 Marlioz.
Clause 15: Intellectual Property Rights
Trademarks, domain name, graphic charter, logos, animations, products, photographs, videos, texts, or more generally
any information subject to intellectual property rights is and remains the exclusive property of Efemera.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos,
for any reason and on any medium whatsoever, without the express prior consent of Efemera, is strictly prohibited.
Apart from any solicitation on its part, Efemera prohibits any affixing of a hypertext link to the website.
Clause 16: Force Majeure
The execution of Efemera's obligations at the end of the present (in particular delivery) is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution.
Efemera will inform the buyer of the occurrence of such an event as soon as possible.
As such, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
The buyer may terminate his registration on the website at any time and close his account.
To this end, the buyer will send his request for termination to Customer Service using the contact form.
In the event of the buyer's breach of one of his contractual obligations, in particular in the event of a payment incident,
Efemera reserves the right to suspend the buyer's access to the website, or even to terminate his account depending on
the degree of seriousness of the breaches.
Efemera reserves the right to refuse any order from a buyer with whom there is any dispute.
Clause 17: Applicable rights and clauses
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale .
Clause 18: Competent Court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be brought before the commercial court.
_cc781905-5cde-3194 -bb3b-136bad5cf58d_ _cc781905 -5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194- bb3b-136bad5cf58d_ _cc781905- 5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b- 136bad5cf58d_ _cc781905-5cde- 3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194 -bb3b-136bad5cf58d_ _cc781905 -5cde-3194-bb3b-136bad5cf58d_ _cc781905-5 cde-3194-bb3b-136bad5cf58d_ 19 avenue du Parmelan, 74000 Annecy .
The General Conditions of Sale also apply in the relationship with any user of the Website who has not placed an Order.