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GENERAL TERMS AND CONDITIONS OF SALE

Updated

1. PREAMBULE

1.1 SCOPE OF APPLICATION 

These general terms and conditions of sale (hereafter “GTCs”) as well as the relevant “Privacy Policy” and “Legal Statement” are applicable to the internet site www.eresparis.com (hereafter “ERES Online Boutique”), offering the sale of lingerie articles, swimwear articles and accessories bearing the “ERES” trademark (hereafter all together the “Product(s)”).

The Products are sold through the ERES Online Boutique directly by ERES, Société par Actions Simplifiée, a company duly organized under the laws of France, whose registered office is located 2 place Skanderbeg, 75019 Paris, France, and registered with the Paris Register of Companies under number 542 114 179 R.C.S. 

By ordering and buying Products from the ERES Online Boutique, the customer (hereafter “Customer”) fully accepts the present GTCs by ticking the relevant acceptance box. These GTCs can be saved and/or printed and are accessible from all the pages of the ERES Online Boutique. They can be amended at any time and the terms applicable are those accepted by the Customer when placing an order, which can be accessed from the order confirmation email. 

1.2 THE CUSTOMER 

Through the ERES Online Boutique, ERES offers Products for sale to non-trade Customers, in the capacity of consumers, aged over eighteen (18) and with full legal capacity. Products are sold on a retail basis strictly for personal use.

In general, ERES reserves the right to refuse any order of Products of an abnormal nature, in particular in the event of orders in quantity and/or for amounts which would be reasonably deemed abnormal by ERES.

1.3 ERES ONLINE BOUTIQUE CUSTOMER SERVICES

In case of questions concerning any order, Customers may contact ERES customer services, via the link “Contact us”

1.4 LANGUAGES

The ERES Online Boutique is accessible in French, English, German, Italian and Spanish. 

1.5 PRODUCTS 

The Products offered for sale on the ERES Online Boutique are described and presented as accurately as possible (specifications, illustrations, size, composition, etc.). However, the Customer is recommended to refer to the description of each Product, by clicking on each “Product Description”, to find out more about the Product concerned, particularly in relation to the features the Customer is looking for, since the Customer is solely responsible for choosing and buying a Product. 

1.6 PRICES

The prices applied are those indicated on the ERES Online Boutique at the time of the order. 

The Customer is informed that prices are subject to change. Therefore, if the Customer has created a customer account, the prices displayed in the “My orders” section accessible from the “Log In/My Account” section on the order summary page correspond to the prices paid by the Customer for previous orders 

Prices are indicated in EUR, to the exclusion of countries indicated in Article 3 below. and do not include the delivery costs of the order (hereafter “Delivery Costs”). These Delivery Costs are indicated to the Customer on the review cart page as well as on the order summary page, prior to confirmation and payment of the order.

2. ORDER

2.1 ORDER PROCESS 

2.1.1 ORDER MADE BY THE CUSTOMER DIRECTLY ON THE ERESPARIS.COM WEBSITE

The Customer is invited to select the Products and to place them in the purchase cart by clicking on the “Add to cart” button. At any time, the Customer is invited to consult the summary of his order by clicking on the icon “See my cart” available on the top right of all ERES Online Boutique pages. At this stage, the Customer can verify the details of his order, identify eventual mistakes made in the entry of the data, and correct or remove Product(s). 

After validation of the cart by clicking on the icon “Purchase”, the Customer is asked to choose between three (3) options:

  • Identifying himself with his user name and password to order by using his existing customer account,
  • ordering without creating a customer account,
  • ordering by creating a customer account.

ERES cannot be held liable for inaccuracy of the information provided by the Customer. The customer account will give access to a personal space where customers can track orders and access invoices. 

To finalize his order, the Customer:

  • must confirm his delivery and invoicing address, or indicate a new delivery address and/or invoicing address,
  • select the delivery method from among those offered (delivery times and costs vary according to delivery method and are stated at this point),
  • check the summary of their order, and
  • must read these GTCs and explicitly accept them by ticking the box “I have read and accepted terms & conditions” before making payment for his order,
  • is then invited to pay the amount of the order by clicking on the icon “Place order” giving access to secure payment of the order.

The sale is only deemed complete after it is confirmed by ERES e-mailing the Customer confirmation of acceptance of the order at the e-mail address provided by the Customer, who formally accepts use of e-mail for ERES’s confirmation of the order. 

ERES reserves the right to refuse to honour a Customer’s order if the order appears to be abnormal, excessive or in breach of the provisions of the GTC. Equally, ERES shall not be liable if the administrative and/or technical processing of an order on the Site is disrupted by a virus, computer bug, unauthorised human intervention or any other cause beyond the ERES’s control, or if there is a strong presumption of fraud, or in case of any form of fraud, committed in particular by computer, in which case ERES reserves the right to interrupt or cancel the outstanding order. In such cases, the Customer shall be informed by email of such cancellation of its order and will be reimbursed for the price paid before the order’s cancellation. 

2.1.2 ORDERS PLACED AT THE CUSTOMER'S REQUEST BY ERES CUSTOMER SERVICE OR BY AN ERES SHOP ON ERESPARIS.COM

The Client has the option of contacting ERES Customer Service by telephone or directly contacting the ERES shop of his/her choice in order to request the assistance of ERES staff to carry out his/her purchases on the ERES Online Shop. For all intents and purposes, it is reminded that the Client can only be delivered to the countries referred to in Article 4.1 of the GTC.

The Client may therefore instruct Customer Service and/or the ERES boutique to add the Products that he has previously selected to his "Shopping Cart". The Client Service and/or the ERES boutique concerned then fills in the information required to complete the order with the assistance of the Client, i.e. :

  • his delivery and billing address,
  • he delivery method chosen among those offered to him (delivery times and costs vary according to the delivery method and are indicated at this stage),

ERES cannot be held liable for the inaccuracy of the information communicated by the Client.

The Customer account on the ERES Online Store gives access to a personal space allowing, in particular, the tracking of orders and access to invoices.

Once the order has been finalised with Customer Service and/or the ERES boutique, the Client receives an order summary e-mail at the e-mail address indicated by the Client when placing the order. The Client is then invited to check the contents of his/her "Basket", to read the GTCs communicated, and to pay the amount of his/her order by clicking on the button on the secure link provided in the e-mail giving access to the secure payment of his/her order.

As an exception, in Article 3 of the GTC, it is specified that in the context of assisted orders as described in this article, the Customer may only pay for his order by credit card.

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

ERES reserves the right to refuse to honour the order in cases where the order is abnormal, abusive or contrary to the provisions of the GTC. Similarly, ERES shall not be held liable if the proper administrative and/or technical processing of an order on the Site is disrupted by a virus, computer bug, unauthorised human intervention or any other cause beyond the control of ERES, or if there appears to be a strong presumption of fraud, or that fraud has occurred in any form whatsoever, particularly in relation to computers, in which case ERES reserves the right to interrupt or cancel the order in progress. In such cases, the Client will be informed by e-mail of the cancellation of the order and will be reimbursed for any sums paid prior to the cancellation of the order by ERES.

2.2 AVAILABILITY OF PRODUCTS 

Products are offered within the limit of the stock available. Statements about the availability of the Products are provided at the time of the placing of the order on the Product page. If it turns out that despite the vigilance of ERES the Products ordered are no longer available, ERES informs the Customer by any means (telephone call or e-mail) as soon as possible. No debit corresponding to the unavailable Product or Products shall be made from the bank account of the Customer in the event of unavailability of one or several Products and in case that a payment from the Customer has been already processed, the Customer will be reimbursed for part of the payment corresponding to such unavailable Product(s).  

2.3 CANCELLATION OF ORDER 

Once the order is finalized, the Customer cannot modify his order. With or without the creation of a customer account, the Customer always has the possibility of making use of his right of withdrawal, the modalities of which are stipulated in Article 5 below. 

3. PAYMENT

Products shall be paid in EUR, to the exclusion of the United Kingdom in POUND.

The Customer shall also bear all compulsory taxes and fees and potential bank charges which shall be born at all times by the Customer.

For all countries, payment of the order shall be made by bank card (Visa, Mastercard and American Express are accepted), with Paypal or with ApplePay, with the exception of orders made in accordance with the procedure described in Article 2.1.2 of the GTC which can only be paid for by credit card (Visa, Mastercard and American Express are accepted).  

ERES has established a secure payment system for any order made in the ERES Online Boutique. Payments (except Paypal) are made on an external platform through a payment service provider – ADYEN – complying with the PCI DSS security standards.

Payment is deemed final after confirmation thereof is sent by the issuer. Should the bank reject the payment, the order will be automatically refused and ERES will be released from any obligation and liability vis-à-vis the Customer.

The Customer has the possibility of downloading his invoice from his personal space under the heading “My Orders”. 

In the event where the customer has not created a customer account, his invoice is available in the section “Follow my Order“ accessible from the confirmation’s e-mail. 

4. DELIVERY AND RECEIPT OF PRODUCTS 

4.1 TERMS OF DELIVERY

The ERES Online Boutique delivers to numerous countries, namely Metropolitan France, Corsica, Austria, Belgium Bulgaria, Croatia, Denmark, Estonia, Finland, Greece, Germany, Ireland, Italy, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal (except Madeira and the Azores), Romania, Slovakia, Slovenia, Spain (except Canary Islands, Ceuta and Melilla), Sweden, United Kingdom.

ERES delivers Products ordered at the delivery address indicated by the Customer (the “Delivery Address”) according to the delivery option selected by the Customer when placing his order. For detailed information regarding delivery options and costs, please consult the dedicated FAQ section in the footer of the ERES Online Boutique home page. 

Information on delivery conditions are also available on the “See my cart” as well as checkout page, before the payment. No delivery will be made by ERES if the complete payment of the order is not possible.

Customers bear the consequences (late delivery, impossibility of delivery, Products returned to ERES, extra transport costs, etc.) resulting from any incorrect and/or incomplete delivery indications the Customer provided and/or the Customer’s absence at the time of delivery.

ERES shall do its best to dispatch the Products to the Customer as soon as possible after the Customer places his order, in accordance with the delivery option selected by the Customer when placing his order. Notwithstanding the above, in any event, delivery shall not exceed thirty (30) working days from receipt of the order confirmation, subject to their availability as indicated to the Customer at the time of the order. In the event of absence or delay in delivery, the Customer shall as soon as possible contact the Customer Service via the section "Contact us" section in the footer of the ERES Online Boutique home page. In case of late delivery, the Customer may either request ERES a new estimated delivery date or cancel the order and receive a full refund. 

4.2 RECEIVING PRODUCTS 

The risks attached to the Products are transferred to the Customer upon delivery, that is, when the Customer (or any third party named by the latter) physically takes possession of the Products concerned.

Upon delivery, the Customer must verify the conformity and the state of his order in the presence of the carrier and issue if needed be, all the necessary reservations concerning the apparent defects (missing product, damaged parcel). Moreover it is up to the Customer (or any third party named by the latter) to check the number and condition of the Products when they are delivered by the carrier.

If the received parcel is open or obviously damaged, or if any of the Products in the parcel are damaged or missing or do not match the order, the Customer (or any third party named by the latter) should refuse the parcel or the Products concerned and make the customary written reservations, on the carrier’s delivery note in as much detail as possible (parcel open, parcel or item(s) damaged or missing or not matching the order, etc.).

In any event, the Customer also undertakes to notify ERES forthwith via the section "Contact us", in order to allow ERES to conduct an investigation with the carrier and/or seek recourse from the carrier within the period specified by the applicable regulations, where appropriate.

If a Product is missing or is refused or returned by the Customer in the above circumstances, ERES will either refund the Product(s) concerned within 14 days or reship the damaged or missing Product(s).

It should be noted that the above provisions do not preclude the Customer’s right to withdrawal, as stated in Article 5 below, or the Customer’s benefit of the statutory warranties given, as stated in Article 8 below.

4.3 PRODUCT RETURN 

The Customer benefits from a right of withdrawal allowing Products to be returned to ERES, with no reason given, under the conditions set out in Article 5 below. 

For any other reason for return other than the right of withdrawal (non-compliant or damaged product, mistake in the content of the order, etc.), the Customer is invited to contact customer services of the ERES Online Boutique which will provide the necessary information to meet this request as soon as possible and to make another delivery if needed. 

5. RIGHT OF WITHDRAWAL & RETURN POLICY

5.1 RIGHT OF WITHDRAWAL 

The Customer has the possibility, without justification, to withdraw his order within a period of fourteen (14) calendar days from the day of receipt of the Products ordered, with the date indicated on the receipt of the carrier signed by the Customer providing proof. When this period of fourteen (14) days expires on a Saturday, Sunday or a public holiday, it is extended to the next working day.

However, for health and hygiene protection, ERES cannot accept the return of all Products. Lingerie and Swimwear Products cannot be returned if they were worn by the Customer. 

To exercise his right of withdrawal, the Customer can notify his withdrawal decision and return its Products as follows.

- Either by directly returning the Product (following the process described hereafter) after having duly filled on www.eresparis.com, the withdrawal form available in “My orders” section accessible from the “Log In/My Account” section on the order summary page on the section “My Account” ‘(being specified that the Customer is under no obligation to create a customer account).

- Or by contacting the Customer Service, via the link “Contact us”

- Or by returning to ERES by e-mail or by postal letter an unambiguous declaration expressing the intention to retract. This declaration must be sent accompanied by the information concerning the articles 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 at the following address: ERES Paris, 2 place Skanderbeg, 75019 Paris, France.

To return Product(s), the Customer shall return, within a 14 days delay as from the date of notification of his/her decision to retract the Product(s) using a prepaid shipping label provided by ERES in the parcel to return the Product(s) free of charge (hereinafter the “Prepaid Label”). The Costumer shall follow the instructions indicated in the Prepaid Label which shall be sticked on the parcel. No return costs shall be reimbursed by ERES to the Customer if the latter has made the choice of not using the Prepaid Label provided.

Every Product must be returned new with all labelling in their original packaging. In the event of alteration of the Product resulting from handling other than that necessary to establish the nature and/or conformity of the Product, the characteristics or the proper functioning of the Product, ERES reserves the right to refuse the reimbursement or replacement of the Product. ERES shall not make any reimbursement if the Products returned by the Customer do not correspond to the Product(s) ordered or has an origin other than the ERES Online Boutique. 

Products cannot be returned in a ERES boutique or any point of sale selling ERES’ Products. 

5.2 RETURN POLICY

The Customer has the possibility, to return one or several of its Product(s) of his order within a period of thirty (30) calendar days from the day of receipt of the Product(s) ordered, with the date indicated on the receipt of the carrier signed by the Customer providing proof.

To return its Product(s), the Customer has to proceed as follows:

  • By directly returning the Product (following the process described hereafter) after having duly filled on www.eresparis.com, the return form available on “My orders” section accessible from the “Log In/My Account” section on the order summary page ‘(being specified that the Customer is under no obligation to create a customer account). 
  • To return Product(s), the Customer shall return, within a 30 days delay as from the date of notification of his/her decision to return the Product(s) using a prepaid shipping label provided by ERES in the parcel to return the Product(s) free of charge (hereinafter the “Prepaid Label”). The Costumer shall follow the instructions indicated in the Prepaid Label which shall be sticked on the parcel. No return costs shall be reimbursed by ERES to the Customer if the latter has made the choice of not using the Prepaid Label provided.

Every Product must be returned new with all labelling in their original packaging. In the event of alteration of the Product resulting from handling other than that necessary to establish the nature and/or conformity of the Product, the characteristics or the proper functioning of the Product, ERES reserves the right to refuse the reimbursement or replacement of the Product. ERES shall not make any reimbursement if the Products returned by the Customer do not correspond to the Product(s) ordered or has an origin other than the ERES Online Boutique. 

Products cannot be returned in a ERES boutique or any point of sale selling ERES’ Products. 

5.3 REIMBURSEMENT OF THE ORDER 

ERES shall reimburse the Products returned in accordance with the conditions stipulated in points 5.1 and 5.2 as well as the Delivery Costs paid by the Customer by a credit to the bank card or the online mean of payment which has been used to make the payment. In the event of partial return of the Products, the Delivery Costs shall not be reimbursed by ERES.

The reimbursement shall be made by ERES within a maximum period of fourteen (14) days following (i) the date of reception of the returned Product(s) by ERES or (ii) the date on which the Customer has provided the proof of the sending of the Products (with the date used being that of the first of these events).

6. AFTER-SALES SERVICE 

No claim will be taken into account and no replacement of Products ordered in the ERES Online Boutique can be made in a boutique of the ERES brand or at a point of sale in which the Products bearing the ERES brand are sold. 

7. LIMITATION OF LIABILITY 

ERES cannot be held liable for the breach of one of its obligations if the poor performance of the contract is the result of an event of force majeure, or by the Customer's act or omission or of an unforeseeable and insurmountable act of a third party or an obstacle outside of ERES' control that ERES could not reasonably foresee at the time when the contract was entered into with the Customer and which consequences ERES cannot reasonably avoid or overcome. 

8. STATUTORY WARRANTIES 

8.1 CONFORMITY AND HIDDEN DEFECTS

ERES is bound by the statutory warranties relating to conformity and defects in the Product sold (1).

When acting on the ground of the statutory warranty of conformity, the Customer:

  • has a period of two (2) years from the delivery of the Product to act against ERES;
  • when repair is possible, can choose between repair or replacement of the Product, subject to the cost conditions set out by article L. 217-9 of the French consumer code;
  • is exempt from providing proof of the existence of the non-conformity of the Product during this timeframe, 

The statutory warranty of conformity applies independently of any commercial warranty that might be offered; 

The Customer can decide to launch a claim under the warranty for hidden defects in the item sold as per to 1648 and 2232 of the French civil code and, in this case, the Customer can choose between cancelling the sale or a reduction in the sale price in accordance with article 1644 of the French civil code.

The Customer shall verify the Products received are as ordered and, in the event of a non-conformity or defect under the relevant statutory warranties, shall contact ERES Online Boutique Customer Services which will provide the necessary information relating to the return of Products and replacement or refund.

Article L217-4 of the French Consumer Code: The seller shall deliver a product that conforms to the contract and is liable for any non-conformities existing upon delivery. It is also liable for non-conformities resulting from packaging, assembly instructions or installation when responsible for this under the contract or when this has been carried out under its supervision.

Article L217-5 of the French Consumer Code: The product conforms to the contract:

1. If it is fit for the purpose usually expected of a similar product and, where applicable: 

  • if it matches the description provided by the seller and has the properties the seller presented to the buyer in the form of a sample or model; 
  • if it has the properties a buyer can legitimately expect based on the public representations made by the seller, the producer or by its representative, particularly in advertisements or labels;

2. Or if it has the features defined by agreement by the parties or is fit for any special use sought by the buyer, which has been notified to and accepted by the seller. 

Article L217-16 of the French code of consumer law: When the buyer asks the seller for a repair covered by the guarantee during the period of the said guarantee granted when the moveable good was acquired or repaired, any period of immobilization of at least seven days is added to the remaining period of the guarantee. This period starts when the purchaser requests action or make the good in question available for repair, if this postdates the request for action.

Article L217-12 of the French Consumer Code: Actions resulting from non-compliances are limited to two years from delivery of the product.

Article 1641 of the French Civil Code: The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the purpose for which it is intended, or restrict this purpose to such an extent that the buyer would not have purchased it or would only have paid a lower price, if he had known this.

Article 1648 para 1 of the French Civil Code: Actions resulting from hidden defects must be brought by the buyer within a period of two years from the discovery of the defect.

The Customer is also informed of the existence of the statutory warranty of conformity of goods in the country of his/her habitual subject to national conditions. 

8.2 EXCLUSION OF WARRANTY 

If the Products returned by the Customer do not correspond to the Products ordered or originate from somewhere other than the ERES Online Boutique, ERES will not be bound by its obligations described in Articles 8.1 above. 

It should be noted that statutory warranties do not cover damage or defects resulting from an external cause (accident, knock, etc.) or from the Customer’s misuse, or non-conform use of the Products with regards of Products characteristics.  

Equally, this clause does not apply if the Products were not purchased on the Site, as statutory warranties are binding on the seller from which the Products were purchased.

8.3 PERSONAL DATA

ERES invites the Customer to consult the “Online ERES Privacy Policy” section by clicking on the following link for more information on how ERES processes personal data and the Customer's rights in relation thereto.

8.4 GOVERNING LAW/DISPUTES 

These GTCs and any order made through the ERES Online Boutique are governed by French law barring legal provisions to the contrary imposing the applicability of a foreign law. However, application of the laws of France cannot result in depriving the Customer of the level of protection provided by provisions of mandatory laws of the country of his habitual residence.

In the event of dispute concerning the ERES Online Boutique, these GTCs and/or an order, ERES invites the Customer to contact the ERES Online Boutique Customer Services at the number indicated in the "Contact us" section in the footer of the ERES Online Boutique home page in order to refer its claim of dispute and try to find an amicable solution with ERES.

Failing an amicable agreement with the ERES Online Boutique Customer Services, the Customer can refer the dispute to the consumer mediator CMAP (Centre de médiation et d’arbitrage de Paris) accessible at the URL address : http://www.cmap.fr/ or at the postal address : CMAP (Service Médiation de la Consommation) - 39 avenue Franklin D.Roosevelt – 75008 Paris ] or refer to the European Commission's online dispute resolution platform available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage pursuant to Directive 2013/11 of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes. Regardless of the method used to refer to the mediator, the Customer’s request must contain the following information: his postal address, email address and telephone number, a brief summary of the facts and evidence of previous measures taken with ERES Customer Services. 

Notwithstanding the above, if amicable solution is not reached (including through the mediation process described above) or if Customer wishes to directly bring the claim or dispute before the courts without going through an amicable solution process, the French Courts shall be territorially competent to hear any dispute, without prejudice for the right for consumer to refer the dispute to another competent foreign Court of his choice.

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