RETURNS POLICY

1. PREAMBLE

1.1 SCOPE OF APPLICATION

This returns policy applies to the merchant website https://ebonys.paris (hereinafter “ the EBONYS Online Store ”), offering the sale of EBONYS branded bathroom items and accessories (hereinafter the “ Products ”).

The Products are sold directly on the EBONYS Online Store by EBONYS.

Any order placed on the EBONYS Online Store, and validation of the corresponding box, constitutes full and complete acceptance of these General Terms and Conditions by the customer who makes a purchase there (hereinafter the " Customer "). These General Terms and Conditions can be saved and/or printed and are accessible from all pages of the EBONYS Online Store. They may be modified at any time and the applicable conditions are those that the Customer accepts when placing an order, and which are accessible from the order confirmation email.

1.2 THE CUSTOMER

On the EBONYS Online Store, EBONYS offers Products for sale to non-professional Customers who are consumers, aged over 18 and have full legal capacity. Sales are made at retail for strictly personal use.

Generally speaking, EBONYS reserves the right to refuse any order for Products of an abnormal nature, particularly in the case of orders in quantity and/or an amount considered unusual by EBONYD-S.

1.3 EBONYS ONLINE STORE CUSTOMER SERVICE

For any questions regarding your order, EBONYS provides the Customer with a Customer Service department which can be contacted via email: ebonys.paris@gmail.com.

1.4 LANGUAGES

The EBONYS online store is available in French.

1.5 PRODUCTS

The Products offered for sale on the EBONYS Online Store are described and presented with the greatest possible precision (specifications, illustrations, size, composition, etc.). However, the Customer is invited to refer to the description of each Product, available by clicking on each “Product Sheet”, in order to know its properties and particularities, in particular with regard to the characteristics sought, the choice and purchase of a Product being placed under his sole responsibility.

1.6 PRICE

The prices applied are those appearing on the EBONYS Online Store at the time of the order.

The Customer is informed that prices are subject to change. The Customer is therefore invited to pay attention to the price in effect at the time of the order and which is brought to his attention when the product is added to the shopping cart. Prices will be displayed in Euro (€) including VAT, except for the countries listed in Article 3 below, and do not take into account the costs of delivery of the order (hereinafter the “ Delivery Costs ”). These Delivery Costs will be indicated to the Customer on the shopping cart validation page as well as on the order summary page, before validation and payment of the order.

2. ORDER

2.1 ORDERING PROCESS

2.1.1 ORDER PLACED BY THE CUSTOMER DIRECTLY ON THE SITE https://ebonys.paris

The Customer is invited to select the chosen Products and add them to the shopping cart by clicking on the "Add to cart" button. At any time, the Customer may delete any Products on the shopping cart display page, by going to the "Shopping Cart" icon available on all pages of the EBONYS Online Store at the top right.

The Customer is invited to consult the summary of his order by clicking on the button "View my basket". At this stage, he can check the details of his order, identify any errors made in the data entry and correct them or delete one or more Product(s).

After validating the basket by clicking on the “Buy” button, the Customer is asked to choose between 3 options:

log in with your username and password to order using your customer account, order by creating a customer account,
order without creating a customer account.

EBONYS cannot be held responsible for the inaccuracy of the information provided by the Customer. The customer account will provide access to a personal space allowing, in particular, the tracking of orders and access to invoices.

To finalize his order, the Customer:

must confirm its delivery and billing address, or indicate a new delivery address for the Territory and/or billing address.
select the delivery method chosen from those offered (delivery times and costs vary depending on the delivery method and are indicated at this stage),
read the summary of your order,
must read these General Terms and Conditions and explicitly accept them by checking the box “I have read and accept the General Terms and Conditions of Sale” before proceeding to payment for their order.
is then invited to pay the amount of his order by clicking on the “Confirm payment” button giving access to the secure payment of his order.

The sale will only be considered final after confirmation by e-mail by EBONYS to the Customer of the confirmation of acceptance of the order by e-mail to the e-mail address indicated by the Customer, the Customer formally accepting the use of e-mail for confirmation by EBONYS of the content of his order.

EBONYS reserves the right to refuse to honor the order in cases where it is abnormal, abusive or contrary to the provisions of the General Terms and Conditions. Similarly, EBONYS shall not be held liable if the smooth administrative and/or technical processing of an order on the Site is disrupted by a virus, computer bug, unauthorized human intervention or any other cause beyond the control of EBONYS or if there is a strong presumption of fraud, or if fraud has occurred in any form whatsoever, particularly by computer means, EBONYS reserves the right in this case to interrupt or cancel the current order. In these cases, the Customer will be informed by e-mail of the cancellation of his order and will be reimbursed for any sums he may have paid prior to the cancellation of his order by EBONYS.

2.1.2 ORDER MADE AT THE CUSTOMER'S REQUEST BY EBONYS CUSTOMER SERVICE OR BY AN EBONYS STORE ON https://ebonys.paris

The Customer has the option to contact EBONYS Customer Service by telephone or directly contact the EBONYS store of their choice in order to request assistance from EBONYS staff to make purchases on the EBONYS Online Store. It is reminded for all useful purposes that the Customer can only be delivered to the countries referred to in Article 4.1 of the General Terms and Conditions.

The Customer can then instruct Customer Service and/or the EBONYS store to add the Products they have previously selected to their "Basket". Customer Service and/or the relevant EBONYS store will then complete the necessary information with the Customer's help to finalize the order, namely:

their delivery and billing address,
their delivery method chosen from those offered (delivery times and costs vary depending on the delivery method and are indicated at this stage),

EBONYS cannot be held responsible for the inaccuracy of the information communicated by the Client.

Once the order has been finalized with Customer Service and/or the EBONYS store, the Customer receives an order summary email to the email address provided by the Customer when ordering. The Customer is then invited to check the contents of their "Basket", to read the T&Cs provided, and to pay the amount of their order by clicking on the button on the secure link provided in the email giving access to the secure payment of their order.

By way of exception, in Article 3 of the General Terms and Conditions, it is specified that in the context of assisted orders as described in this article, the Customer may only pay for his order by bank card.

The sale will only be considered final after confirmation by e-mail by EBONYS to the Customer of the acceptance of the order by e-mail to the e-mail address indicated by the Customer, the Customer formally accepting the use of e-mail for confirmation by EBONYS of the content of his order.

2.2 AVAILABILITY OF PRODUCTS

The Products are offered within the limits of available stocks. Information on the availability of the Products is provided at the time the order is placed, on the Product page. If it turns out that, despite EBONYS' vigilance, the Products ordered are no longer available, EBONYS will inform the Customer by any means (telephone call or e-mail) as soon as possible. No debit corresponding to the unavailable Product(s) will be made from the Customer's bank account in the event of the unavailability of one or more Product(s).

2.3 CANCELLATION OF THE ORDER

Once the order is finalized, it is no longer possible to modify or cancel it. However, with or without creating a customer account, the Customer always has the option of exercising their right of withdrawal, the terms of which are described in Article 5 below.

3. PAYMENT

The Products will be paid in EUR, except for the United Kingdom in Pound Sterling.

The Customer must also pay the mandatory taxes and duties as well as any bank charges which will always be his responsibility.

For all countries, payment for the order will be made by credit card (Visa, Mastercard and American Express are accepted), SHOPPAY APPLEPAY. PAYPAL, with the exception of orders made in accordance with the procedure described in Article 2.1.2 of the General Terms and Conditions which can only be paid for by credit card (Visa, Mastercard and American Express are accepted).

EBONYS has implemented a secure payment system for all orders placed on the EBONYS Online Store.

Payment will be considered validated after confirmation of the payment agreement made by the issuing body. In the event of refusal by the bank, the order will be automatically refused and EBONYS will then be discharged from all obligations and liabilities towards the Customer.

The invoice is available in the “Order Tracking” section accessible from the confirmation email.

4. DELIVERY AND RECEIPT OF PRODUCTS

4.1 DELIVERY TERMS

EBONYS delivers the ordered Products only to mainland France, Corsica, Monaco, Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain (except the Canary Islands, Ceuta and Melilla), Estonia, Finland, Greece, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal (except the Azores and Madeira), Romania, Slovakia, Sweden, Slovenia and the United Kingdom.

EBONYS delivers the ordered Products to the delivery address indicated by the Customer (“ Delivery Address ”) according to the delivery method chosen by the Customer when placing the order. For detailed information regarding delivery methods and costs, please consult the relevant FAQ section at the bottom of the EBONYS Online Store homepage.

Information regarding delivery terms is also available from the shopping cart validation page, as well as on the order summary page, before payment of the order. No delivery will be made by EBONYS if full payment of the price proves impossible.

The Customer will bear the consequences (delay in delivery, impossibility of delivery, return of the Products to EBONYS, additional transport costs, etc.) resulting, where applicable, from the erroneous and/or incomplete nature of the information provided by it for the purpose of delivery and/or the absence of the Customer at the time of delivery.

EBONYS will make every effort to ship the Products to the Customer as soon as possible after the order has been placed, in accordance with the delivery method chosen by the Customer when placing the order. Notwithstanding the foregoing, in all cases, delivery will be made within a maximum of thirty (30) business days from receipt of the order confirmation email, subject to the availability of the Products, as indicated to the Customer at the time of ordering. In the event of non-delivery or late delivery, the Customer must contact Customer Service as soon as possible via the “Contact Us” section at the bottom of the Ebonys Online Store homepage. In this case, the Customer may either request a new estimated delivery date from EBONYS or cancel the order and receive a full refund.

4.2 RECEIPT OF PRODUCTS

The risks on the Articles are transferred to the Customer upon delivery, i.e. at the time when the Customer (or any third party designated by the Customer) takes physical possession of the Articles concerned.

Upon delivery of the order, the Customer must check the conformity and condition of his order in the presence of the carrier and, where applicable, make any necessary reservations regarding apparent defects (missing product, damaged package).

It is also the Customer's (or any third party designated by them) responsibility to check the number and condition of the Items upon delivery by the carrier. If the package received is open or visibly damaged, or if all or part of the Items in the package are damaged, missing or do not correspond to the order, the Customer (or any third party designated by them) is invited to refuse receipt of the package or the Items concerned and to issue, in writing, the necessary and sufficiently detailed usual reservations to the carrier (open package, package or item(s) damaged or missing or not in accordance with the order, etc.).

In any event, the Customer also undertakes to notify EBONYS without delay via the “CONTACT US” section at the bottom of the home page of the EBONYS Online Store, in order to allow EBONYS to carry out an investigation with the carrier and/or to exercise recourse with the carrier within the time limits provided for by the applicable regulations, where applicable.

In the event of a missing, refused or returned Item by the Customer under the above circumstances, EBONYS will either refund the Item(s) concerned within 14 days, or reship the damaged/missing Item(s).

It is specified that the above provisions do not deprive the Customer of the benefit of the right of withdrawal as provided for in Article 5 below or of the benefit of the guarantees available to him as provided for in Article 8 below.

4.3 PRODUCT RETURN

The Customer has a right of withdrawal allowing him to return the Products to EBONYS without reason under the conditions set out in Article 5 below.

For any reason for return other than the right of withdrawal (non-compliant or damaged product, error in the content of the order, etc.), the Customer is invited to contact the Customer Service of the EBONYS Online Store, which will provide the necessary information to satisfy their request as far as possible and, if necessary, arrange a new delivery.

5. RIGHT OF WITHDRAWAL AND RETURN POLICY

5.1 THE RIGHT OF WITHDRAWAL

The Customer has the possibility, without reason, to withdraw from his order within a period of fourteen (14) calendar days from the day of receipt of the Product(s) ordered, the date appearing on the carrier's receipt signed by the Customer being authentic. When this period of fourteen (14) days expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

For health and hygiene reasons, some Products cannot be returned to EBONYS. Swimwear-type Products are not subject to the right of withdrawal if they have already been worn by the Customer.

In order to exercise his right of withdrawal, the Customer may notify his decision to withdraw:

• by contacting Customer Service, which can be reached via the email Ebonys.paris@gmail.com.

• Either by returning to EBONYS, by e-mail or by post, an unambiguous declaration, expressing its wish to withdraw, on plain paper. This declaration must be sent accompanied by information relating to the items and quantities returned as well as the name, postal address, order number and if possible the telephone number and e-mail address of the Customer to the following address: Stephanie AKOTTO, 14 avenue de l'opera 75001 Paris

To return one or more Products, the Customer must return, within fourteen (14) days from the date of notification of the exercise of the right of withdrawal, the Product(s) to EBONYS by post, using a prepaid shipping label provided by EBONYS in the package (hereinafter “ Prepaid Label ”) so that the Products are returned free of charge. The Customer will follow the instructions indicated on the Prepaid Label to be affixed to the return package. No return costs will be reimbursed by EBONYS to the Customer if the latter decides not to use the Prepaid Label provided.

Each Product must be returned new with its original packaging. In the event of depreciation of the Product resulting from handling other than that necessary to establish the nature and characteristics of the Product, EBONYS reserves the right to refuse reimbursement or exchange of the Product.

EBONYS will not issue any refunds if the Products returned by the Customer do not correspond to the Product(s) ordered or have an origin other than the EBONYS Online Store.

Products cannot be returned to an EBONYS store or to a point of sale selling EBONYS brand items.

5.2 RETURN POLICY

The Customer has the option to return his order within thirty (30) calendar days from the day of receipt of the Product(s) ordered, the date appearing on the carrier's receipt signed by the Customer being authentic. When this thirty (30) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

In order to return his/her Product(s), the Customer must proceed as follows:

• By returning, within fourteen (14) days from the date of notification of its decision to return the Product(s) to EBONYS by post using a prepaid shipping label provided by EBONYS in the package (hereinafter “ Prepaid Label ”) so that the Products are returned free of charge. The Customer will follow the instructions indicated on the Prepaid Label to be affixed to the return package. No return costs will be reimbursed by EBONYS to the Customer if the latter decides not to use the Prepaid Label provided.

EBONYS will not issue any refunds if the Products returned by the Customer do not correspond to the Product(s) ordered or have an origin other than the EBONYS Online Store.

Products cannot be returned to an EBONYS store or to a point of sale selling EBONYS brand items.

5.3 REFUND OF THE ORDER

EBONYS will refund the returned Products, in accordance with the terms set out in points 5.1 and 5.2, as well as, where applicable, the Delivery Charges paid by the Customer by credit to the payment method used by the Customer for payment. In the event of a partial return of the Products, the Delivery Charges will not be refunded by EBONYS to the extent that the Customer has benefited from the delivery service for the Products retained.

The refund will be made within a maximum period of fourteen (14) days following (i) the date of receipt of the Product(s) by EBONYS or (ii) the date on which the Customer provided proof of shipment of the Products (the date retained being that of the first of these events).

6. LIMITATION OF LIABILITY

EBONYS shall not be held liable for the breach of any of its obligations if the poor performance of the contract results from a case of force majeure, the act or omission of the Client, the unforeseeable and insurmountable act of a third party to the contract, or an obstacle beyond the control of EBONYS, which EBONYS could not reasonably foresee at the time of signing the contract with the Client, and the consequences of which cannot be reasonably avoided or overcome by EBONYS.

8. LEGAL GUARANTEES

8.1 COMPLIANCE AND HIDDEN DEFECTS

EBONYS is bound by the legal guarantee of conformity and that relating to defects in the item sold (1).

Based on the legal guarantee of conformity, the Client:

has a period of two (2) years from delivery of the product to take action against EBONYS;
when repair is possible, he can choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
is exempt from providing proof of the existence of the lack of conformity of the product during this period.

The legal guarantee applies independently of any commercial guarantee that may be offered.

The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Articles 1641 to 1648 and 2232 of the French Civil Code and, in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.

The Customer is required to check that the Products received correspond to the order and, in the event of a lack of conformity or a hidden defect within the meaning of the corresponding legal guarantees, he must contact the Customer Service of the ERES Online Store which will provide him with the necessary information relating to the return of the Products and their replacement or reimbursement.

(1) Article L217-4 of the Consumer Code: The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code: The goods comply with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed by two years from delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention.

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648, paragraph 1, of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

The Client is also informed of the existence of the legal guarantee regime applicable in his country of residence and subject to national conditions.

8.2 EXCLUSION OF WARRANTY

If the Products returned by the Customer do not correspond to the Products ordered or do not come from the EBONYS Online Store, EBONYS will not be bound by its obligations described in articles 8.1 above.

It is specified for all useful purposes that the legal guarantees do not cover damage or defects resulting from an external cause (accident, shock, etc.) or from a fault of the Customer resulting from use or use that is not compliant and/or unsuitable for the characteristics of the Product.

Likewise, this article does not apply if the Products were not purchased on the Site, insofar as in this case the legal guarantees are due by the seller from whom the Articles were purchased.

9. PERSONAL DATA

EBONYS invites the Client to consult the “EBONYS Online Data Protection Policy” by clicking on the following link to obtain more information on how EBONYS processes personal data and the Client’s rights relating thereto.

10. APPLICABLE LAW / DISPUTES

These General Terms and Conditions and any order placed on the EBONYS Online Store are subject to French law, excluding its provisions that would refer to the mandatory application of a foreign law. However, the application of French law cannot lead to the Customer being deprived of the level of protection provided by the mandatory provisions of the laws of his or her country of habitual residence.

In the event of a dispute concerning the EBONYS Online Store, these General Terms and Conditions and/or an order, EBONYS invites the Customer to contact Customer Service in order to present their claim and try to find an amicable solution with EBONYS.