RETURNS POLICY

1. PREAMBLE

1.1 SCOPE OF APPLICATION

This returns policy is applicable to the merchant website https://ebonys.paris (hereinafter “ the EBONYS online store ”), offering the sale of bath items and accessories under the EBONYS brand (hereinafter after “ Products ”).

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

Any order on the EBONYS online store, and validation of the corresponding box, constitutes full 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 with 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 quantities and/or amounts considered unusual by EBONYD-S.

1.3 CUSTOMER SERVICE OF THE EBONYS ONLINE SHOP

For any questions regarding your order, EBONYS provides the Customer with Customer Service which can be reached 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 the purchase of a Product being placed under its 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 placed in the shopping cart. Prices will be displayed in Euro (€) including tax, except for the countries listed in Article 3 below, and do not take into account the costs of delivering the order (hereinafter the “ Delivery Costs ”). These Delivery Costs will be indicated to the Customer on the basket validation page as well as on the order summary page, before validation and payment of the order.

2. ORDER

2.1 ORDER 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 put them in the shopping cart by clicking on the “Add to cart” button. At any time, the Customer may delete the Products on the shopping cart viewing page, by going either to the “Shopping cart” icon available on all pages of the EBONYS Online Store top right.

The Customer is invited to consult the summary of his order by clicking on the “View my basket” button. At this stage, he can check the details of his order, identify possible errors made in 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:

identify yourself 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 communicated 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 and/or billing address for the Territory.
select the delivery method chosen from those offered (delivery times and costs vary depending on the delivery method and are indicated at this step),
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 Conditions of Sale” before proceeding to pay for their order.
is then invited to pay the amount of their order by clicking on the “Confirm payment” button giving access to the secure payment of their order.

The sale will only be considered final after confirmation by e-mail by EBONYS to the Customer of confirmation of acceptance of the order by e-mail to the email address indicated by the Customer, the Customer formally accepting the use of the email for confirmation by EBONYS of the content of its 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. Likewise, EBONYS will not be held responsible if the smooth administrative and/or technical progress 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 appears to be a strong presumption of fraud, or that fraud has occurred in any form whatsoever, particularly electronically, EBONYS reserves the right in this case to interrupt or cancel the order in progress. In these cases, the Customer will be informed by e-mail of the cancellation of his order and will be reimbursed for the sums he has, where applicable, paid prior to the cancellation of his order by EBONYS

2.1.2 ORDER PLACED AT THE CUSTOMER'S REQUEST THROUGH EBONYS CUSTOMER SERVICE OR THROUGH AN EBONYS SHOP AT https://ebonys.paris

The Customer has the option of contacting EBONYS Customer Service by telephone or directly contacting the EBONYS store of his choice in order to request help from EBONYS staff to make his purchases on the EBONYS Online Store. It is reminded for all 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 in this way instruct Customer Service and/or the EBONYS store to add the Products he has previously selected to his “Basket”. Customer Service and/or the EBONYS store concerned then completes, with the help of the Customer, the information necessary to finalize the order, namely:

its delivery and billing address,
its delivery method chosen from those offered to it (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 is finalized with Customer Service and/or the EBONYS store, the Customer receives an order summary email to the email address indicated by the Customer when ordering. The Customer is then invited to check the contents of his “Basket”, to read the T&Cs communicated, and to pay the amount of his order by clicking on the button on the secure link provided in the e-mail giving access to payment. secure your order.

As an 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 cannot pay for his order only by credit card.

The sale will only be considered final after confirmation by e-mail by EBONYS to the Customer 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 its order.

2.2 PRODUCT AVAILABILITY

The Products are offered while stocks last. Information on Product availability 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 quickly as possible. No debit corresponding to the unavailable Product(s) will be made to the Customer's bank account in the event of 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 possibility of using his 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 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 by credit card (Visa, Mastercard and American Express are accepted).

EBONYS has set up 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 organization. In the event of refusal by the bank, the order will be automatically refused and EBONYS will therefore be released from any obligation and responsibility 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 Products ordered only in mainland France, Corsica, Monaco, Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain (except the Canary Islands, Ceuta and Melilla), in Estonia, Finland, Greece, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal (except Azores and Madeira), Romania, Slovakia , Sweden, Slovenia and the United Kingdom.

EBONYS delivers the Products ordered 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 see the relevant FAQ section at the bottom of the EBONYS Online Store home page.

Information concerning delivery methods is also accessible from the basket validation page, as well as on the order summary page, before payment. No delivery will be made by EBONYS if full collection 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 him with a view to the delivery. delivery and/or absence of the Customer at the time of delivery

EBONYS will make every effort to ship the Products to the Customer as quickly as possible once the order has been placed, in accordance with the delivery method chosen by the Customer when placing the order. Notwithstanding the above, in all cases, delivery will be made within a maximum period of thirty (30) working days from receipt of the order confirmation email, subject to the availability of the Products, such as indicated to the Customer at the time of the order. In the event of absence or delay in delivery, the Customer must contact Customer Service as soon as possible via the “Contact us” section at the bottom of the Ebonys Online Store home page. In this case, the Customer can either ask EBONYS for a new estimated delivery date or cancel the order and receive a full refund.

4.2 RECEIPT OF PRODUCTS

The risks on the Items are transferred to the Customer upon delivery, that is to say at the moment when the Customer (or any third party designated by him) takes physical possession of the Items concerned.

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

It is also up to the Customer (or any third party designated by him) 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 him) is invited to refuse receipt. of the package or Item(s) concerned and to issue, in writing, the necessary and sufficiently detailed customary reservations to the carrier (open package, package or item(s) damaged or missing or non-compliant(s) ) to order, …).

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, if applicable.

In the event of missing, refusal or return of an Item by the Customer in the above circumstances, EBONYS will either reimburse the Item(s) concerned within 14 days, or reshipping 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 benefits from 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 who will give them the information necessary to satisfy its request as far as possible and, if necessary, to make 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 fourteen (14) calendar days from the day of receipt of the Product(s) ordered, the date appearing on the receipt of the carrier signed by the Customer as proof. When this fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.

For health and hygiene reasons, certain Products cannot be returned to EBONYS. Swimsuit-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 of withdrawal:

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

• Either by sending to EBONYS, by e-mail or by post, an unambiguous declaration, expressing its desire to retract, 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 email address of the Customer to the following address: Stephanie AKOTTO ,22 rue scaliero 06300 Nice

To return one or more Product(s), 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 below “ Prepaid Label ”) so that the Products can be returned free of charge. The Customer will follow the instructions indicated on the prepaid label to be stuck on 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 make any refund 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.

The 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 of returning 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. authentic. When this thirty (30) day period expires on a Saturday, Sunday or public holiday, it is extended until the first following 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 EEBONYS in the package below after “ Prepaid Label ”) so that the Products can be returned free of charge. The Customer will follow the instructions indicated on the prepaid label to be stuck on 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 make any refund 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.

The 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 reimburse the returned Products, in accordance with the terms set out in points 5.1 and 5.2, as well as, where applicable, the Delivery Costs paid by the Customer by crediting the means of payment used by the Customer used for payment. In the event of partial return of the Products, the Delivery Costs will not be reimbursed by EBONYS to the extent that the Customer has benefited from the delivery service for the Products retained.

Reimbursement will take place within a maximum period of fourteen (14) days following (i) the date of receipt of the Product(s) by EBONYSor (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 cannot be held responsible for the violation of one of its obligations if the poor execution of the contract results from a case of force majeure, from the fact or omission of the Client, from 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 ERES.

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).

On the basis of the legal guarantee of conformity, the Customer:

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 by 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 in the item sold within the meaning of articles 1641 to 1648 and 2232 of the French Civil Code and, in this case, he may choose between canceling the sale or reducing the price. 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 who will provide the necessary information relating to the return of the Products and their replacement or refund.

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

Article L217-5 of the Consumer Code: The good complies with the contract:

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

if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by 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 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 which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods 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 to such an extent that the buyer would not have it. acquired, or would have given only a lower price, if he had known them.

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

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

8.2 WARRANTY EXCLUSION

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 practical 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 non-compliant use or use. and/or unsuitable for the characteristics of the Product.

Likewise, this article does not apply if the Products have not been purchased on the Site, to the extent that in this case the legal guarantees are owed by the seller from whom the Items were purchased.

9. PERSONAL DATA

EBONYS invites the Customer to consult the “EBONYS Online Data Protection Policy” by clicking on the following link to obtain more information relating to the way in which EBONYS processes personal data and the Customer's rights therein. attaching.

10. APPLICABLE LAW / DISPUTES

These General Terms and Conditions as well as any order placed on the EBONYS Online Store are subject to French law, excluding its provisions which refer to the mandatory application of a foreign law. However, the application of French law cannot lead to depriving the Customer of the level of protection provided by the provisions of mandatory laws of his usual country of 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.