General Terms and Conditions of Sale (GTCS)

I. Validity
These general terms and conditions ("GTC") exclusively govern the relationship between ELOAB ("ELOAB") and the Customer. Any order placed by the Customer and accepted by ELOAB shall automatically entail the express, irrevocable and unconditional application of these GTC, which may be updated by simply posting them on ELOAB's Internet site.

II. The Customer
A "Customer" is the natural person who places an order with ELOAB through the dedicated merchant website.

III. ELOAB

ELOAB is a limited liability company with a capital of 1.575 €, registered at the RCS of Nice under the number B 830 609 483, established at 14 rue maccarani in 06000 Nice. Intracommunity VAT number FR20830609483. Website : www.eloab.fr

Article 1 - Purpose

The present conditions govern sales by ELOAB to the Customer. Products" are defined as items ordered by the Customer on the ELOAB web site.

Article 2 - Prices

The prices of our Products are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs. In the event of an order to a country other than metropolitan France, the Customer becomes the importer of the Products and is responsible for meeting all related obligations, including the payment of any customs duties or other local taxes or import duties or state taxes that may be due. These rights and sums do not fall within the competence of ELOAB. They are the exclusive responsibility of the Customer and compliance with legal and regulatory obligations relating to importation is the sole responsibility of the Customer.

Article 3 - Orders

The contractual information is presented in French language and will be confirmed at the latest at the time of the validation of your order by return e-mail or display of validation in the space of the Customer. The validation of the order implies the full and complete payment by the Customer by credit card (CB) as soon as it is functional for ELOAB.

ELOAB reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and more particularly in case of supply problem, in case of difficulty concerning the received order, in case of problem related to the personality of the Customer or to his behaviors towards ELOAB (ex: debit account of the Customer, professional pretending to be an individual Customer...).

Article 4 - Reservation of ownership

ELOAB remains the owner of the Products ordered by the Customer until irrevocable payment is credited to ELOAB's account. Only after final and irrevocable payment, the Customer shall be the owner of the Products purchased.

Article 5 - Withdrawal

In accordance with the provisions of Article L.121-21 of the Consumer Code, the Customer has a withdrawal period of 14 days from receipt of the products to exercise his right of withdrawal without having to justify his reasons or pay a penalty.

Returns are the responsibility of the buyer. Please note that return packages are your responsibility until they arrive at ELOAB. There are no return labels from us.
Your refund will be made upon receipt and without delay.
Attention, your package must be returned to us in its original packaging.
Address for your returns :
ELOAB
11 Barla Street,
06300 NICE

The returns are to be made in their original condition and complete (packaging, accessories, instructions). In this context, the responsibility of the Customer is engaged. Any damage suffered by the product on this occasion may be of a nature to defeat the right of withdrawal. The return shipping costs are offered by ELOAB everywhere in France.

In case of exercise of the right of withdrawal, ELOAB will proceed to the reimbursement of the sums paid, within 14 days following the notification of the Customer's request and via the same means of payment as the one used during the order.

During the sales period, discounted products cannot be returned or exchanged, and therefore cannot be returned.

In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to :

The supply of services fully performed before the end of the withdrawal period and whose performance has begun after prior express consent of the consumer and express waiver of his right of withdrawal.

The supply of goods made to the specifications of the consumer or clearly personalized.

 

Article 6- Availability

The products offered online on the ELOAB web site are subject to availability or to the capacity of ELOAB's suppliers to provide said Products.

Article 7 - Delivery

We ship to most countries in the world. If your country is not eligible for delivery, please email us at elodie@eloab.fr.
The delivery is free from 250€ of purchases. It is valid exclusively with colissimo in France.
The delivery of masks is done by registered mail up to 35€.
Your order will be shipped within 24 to 48 hours for some models.
The delivery time may vary according to the model, it is indicated on the product sheet concerned. The delivery time therefore varies between 2 and 20 working days. Any delay in delivery can in no way be held against ELOAB and will not constitute a reason for calling into question its responsibility.

In accordance with the legal provisions, in the event of delay of delivery, you profit from the possibility of cancelling the order under the conditions and methods defined in the article L 138-2 of the Code of the Consumption. If in the meantime you receive the product, we will proceed to its reimbursement and to the delivery costs under the conditions of the article L 138-3 of the Code of the Consumption.

In case of unavailability of the order, ELOAB will inform the Customer and refund him.

The products travel at the expense and risk of the Customer who is also solely responsible for the delivery information and coordinates mentioned on the ELOAB website. In case of defective delivery, it is the Customer's responsibility to make any complaint to the carrier and to express any reservation on the possible non-conformity of the order. In addition, the Customer must inform ELOAB within 48 hours of the delivery and send any proof of non-conformity so that an equitable solution can be proposed.

Article 8 - Warranty

All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for by articles 1641 and following of the Civil Code. In case of non-conformity of a sold product, it can be returned, exchanged or refunded as soon as the non-conformity will have been brought to the knowledge of ELOAB within 48 hours of the delivery. All requests for exchange or refund must be made by e-mail within 14 days of delivery.

The products must be returned in the same condition in which the Customer received them, in their original packaging. The shipping costs are at the expense of the Customer and can be reimbursed upon request of the Customer, at the rate of the prices charged by the Post Office.

Article 9 - Liability

ELOAB shall not be liable for any misuse of the Product purchased. In any event, ELOAB shall only be liable in case of proven fault and for an amount not exceeding the amount of the product causing the damage.

Article 10 - Intellectual Property

ELOAB is the owner of its brand and the intellectual property elements attached to its products. No one is authorized to reproduce, exploit or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound, or even all or part of the creations and products. Any infringement of ELOAB's rights will be prosecuted.

Article 11 - Applicable law in case of disputes

The language of this contract is French. The present conditions of sale are subject to French law. In case of dispute, the French courts will have exclusive jurisdiction.

Article 12 - Personal data

The Customer consents to the use of personal data collected when placing an order. This information is essential for the processing of orders and the preparation of invoices and may be communicated by ELOAB to service providers involved in the supply of its products and services. In accordance with the provisions of the French law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, ELOAB has proceeded to the declaration of the file containing personal data to the National Commission for Data Processing and Freedoms (CNIL). At any time, the Customer has the right to access, rectify or oppose the personal data collected concerning him.

These rights can be exercised by sending a letter to ELOAB at the address mentioned on the order form. It is reminded that the Customer also has the right to register free of charge on a list of opposition to telephone solicitation.