Terms and conditions of sale

TERMS AND CONDITIONS OF SALE

Date of last update: April 24, 2024

Preamble

These general conditions of sale are applicable to sales to individuals (B2C) and to distributors of the Tienda Esquipulas brand (B2B). In the latter case (sale to distributors) certain special provisions apply and are detailed in article 21 hereof.

Article 1 – LEGAL NOTICES

This site, accessible at the URL https://www.esquipulas.fr (the “Site”), is published by:

Tienda Esquipulas
SARL with capital of 7,500 euros registered with the Paris RCS under number 442215810, whose head office is located at 20 rue Houdon, 75018 Paris, represented by Ms. Ana Carrillo, manager.

(Hereinafter referred to as the “Operator”).

The Operator’s individual VAT number is FR73442215810

The Site is hosted by the company Infomaniak, located Rue Eugène-Marziano 25, 1227 Geneva, Switzerland (telephone: +41 22 820 35 40).

The Site’s Publication Director is Mr. Eric Walter.

The Operator can be reached at the following telephone number +33986700438 and at the following email address [email protected]

Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

The general conditions of sale (the “General Conditions of Sale”, or the “GCV”) are applicable to the online sale of products offered by the Operator on the Website.

The General Terms and Conditions are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.

The General Conditions of Sale are enforceable against the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, having been aware of them and having accepted them before placing the order. Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.

For the purposes hereof, the parties elect domicile at the seller’s headquarters, 20 rue Houdon – 75018 Paris.

Article 3 – PRODUCTS DESCRIPTION

Tienda Esquipulas distributes decorative products and fashion accessories of Latin American origin (hereinafter the “Product(s)”) offered to any natural or legal person using the Site (the “Customer”).

The Products presented on the Site are each subject to a description mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for using the Product, if it is an essential element, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of current French law.

The Customer remains responsible for the terms and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the user. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.

The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.

Article 4 – CREATION OF THE CUSTOMER AREA

To place an order on the Site, the Customer can either act as a “guest” without a personal customer space, or first create their personal customer space. Once created, to access it, the Customer must identify themselves using their username and secret, personal and confidential password.

It is up to the Customer who has a personal customer area not to communicate his username and password in accordance with the provisions of the PERSONAL DATA article of these General Conditions. Each Client undertakes to maintain strict confidentiality regarding data, in particular username and password, allowing them to access their customer area, the Client acknowledging that they are solely responsible for access to the Service through their username and password, unless fraud is proven. Each Customer further undertakes to immediately inform the Operator in the event of a loss, misappropriation or fraudulent use of their identifier and/or password.

After creating their personal customer area, the Customer will receive a confirmation email.

The Customer undertakes when registering to:

• deliver real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.
• keep registration data up to date in order to permanently guarantee its real, accurate and up-to-date nature.

The Client further undertakes not to make available or distribute illicit or objectionable information (such as defamatory information or information constituting identity theft) or even harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer’s access to the Site at its sole discretion.

Article 5 – ORDERS

The Operator strives to guarantee optimal availability of its Products. Product offers are valid while stocks last.

If, despite the best efforts of the Operator, a Product proves to be unavailable after the Customer’s order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:

• delivery of a Product of a quality and price equivalent to that initially ordered, or

• reimbursement of the price of the Product ordered no later than thirty (30) days from payment of sums already paid.

It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.

With the exception of any contrary notice appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer’s orders are firm and final.

When placing an order, the Customer must select the Products chosen and add them to their basket, indicating the Products selected and the quantities desired. Customers can check the details of their order and its total price, and return to the previous pages to correct the contents of their basket if necessary, before validating it.

The Customer undertakes to read the General Conditions of Sale then in force before accepting them and confirming the terms and possible delivery and withdrawal costs prior to payment of their order. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.

The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery.

Any email sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.

The Operator reserves the right not to validate the Customer’s order for any legitimate reason, in particular in the event that:

• The Customer does not respect the General Conditions in force at the time of his order;
• The Customer’s order history shows that sums remain due for previous orders;
• One of the Customer’s previous orders is the subject of a dispute currently being processed;
• The Customer did not respond to a request for confirmation of his order that the Operator sent to him.

The Operator archives Product sales contracts in accordance with applicable legislation. By submitting a request to the following address [email protected], the Operator will provide the Customer with a copy of the contract subject to the request.

Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the Operator cannot be held liable in any way in the event that an error when placing the order prevents or delays delivery/delivery.

The Customer declares that he has full legal capacity allowing him to commit to these General Conditions.

Registration is open to capable adults and minors provided that they intervene under the supervision of the parent or guardian having parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent them (legal entity for example). Registration is strictly personal to each Client.

In the event of failure by the Customer to comply with one of the provisions hereof, the Operator reserves the right to terminate said Customer’s account without notice.

Article 6 – PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site or offline is an order with payment obligation, which requires the payment of a price in exchange for the supply of the Product ordered.

In any event, the Operator reserves the right to check the validity of the payment, before shipping the order, by all necessary means.

The Operator uses the Sogecommerce and PayPal online payment solutions.

Orders can be paid using one of the following payment methods:

• Payment by credit card. Payment is made directly on the secure banking servers of the Operator’s bank; the Customer’s bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these contact details are not accessible to third parties.

The Customer’s order is recorded and validated upon acceptance of payment by the bank.

The Customer’s account will be debited for the corresponding amount only when (i) the details of the bank card used will have been verified and (ii) the debit will have been accepted by the bank that issued the bank card.

The inability to debit the sums due will result in the immediate nullity of the sale.

The bank card may in particular be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.

Where applicable, the order validated by the Customer will only be considered effective when the secure banking payment center has given its agreement to the transaction.

As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize their order. These parts will not be used for any purpose other than these.

Article 7 – PAYMENT OF THE PRICE

The price of the Products in effect at the time of the order is indicated in euros, all taxes included, for customers residing in France. It is indicated in euros excluding taxes for distributor customers whose head office is in mainland France and for all customers residing outside mainland France.

The price is indicated excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.

The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include discounts and rebates that the Operator may grant.

Delivery or transport costs will be added to the price of the Products and indicated separately before validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.

Article 8 – FORMATION OF THE CONTRACT

The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.

The Customer’s attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his/her order, he/she must confirm it using the “double-click” technique, i.e. after selecting the Products added to the basket, the Customer must check and, if necessary, correct the contents of his/her basket (identification, quantity of Products selected, price, delivery methods and costs) before validating it by clicking on “I confirm my delivery”, then he/she acknowledges acceptance of these GCS before clicking on the “I pay” button, and finally he/she validates his/her order after filling in his/her bank details. The “double click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.

The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.

Article 9 – RESERVATION OF OWNERSHIP

The Operator remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.

Article 10 – SHIPPING AND DELIVERY

Delivery means the transfer to the Customer of physical possession or control of the Product.

Shipping costs are those specified when finalizing the order and are accepted upon validation of the order.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of ten (10) working days after receipt of the order.

However, if one or more Products cannot be delivered within the time initially announced, the Operator will send an email informing the Customer of the new delivery date.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

Upon delivery, you may be asked to sign a receipt.

No delivery will be made to a PO box.

Dans le cas d’un retrait en magasins, les colis sont laissés à la disposition du Client pendant une durée de un mois maximum. Si, au terme de cette durée, le colis n’a pas été retiré l’acheteur devra reprendre contact avec la société pour fixer un nouveau créneau de livraison.

Les colis non réclamés au terme de 3 mois suivant la commande sont annulés et automatiquement remboursés.

Upon delivery, it is the Customer’s responsibility to check that the Products delivered comply with their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No complaint about the quantity or condition of the Product will be accepted if the complaint has not been included on the delivery slip and sent to the seller within a maximum of 72 hours and with supporting photos.

Article 11 – RIGHT OF WITHDRAWAL

If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order. This right does not include products delivered cut to a size chosen by the customer.

In accordance with article L.221-21 of the French Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 et seq. of the French Consumer Code, the Customer is invited to send by email to [email protected] or by post using the standard form made available to them (click on the link to download the form).

The Operator will send an acknowledgment of receipt of the Customer’s withdrawal request by e-mail.

If applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:

• name, geographic address, telephone number and email address;
• withdrawal decision by means of an unambiguous declaration (for example, letter sent by post or e-mail as long as these contact details are available and therefore appear on the standard withdrawal form).

Return costs are the responsibility of the Customer. Whatever the service used to make the return, only the actual signature attesting to the delivery of the return package will be accepted to trigger the reimbursement. Returns sent by letter, tracked letter, parcel without signature and lost by the return carrier will not be eligible for a refund.

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.

In addition to the returned Product, the return package must also contain the exact and complete contact details (surname, first name, address) of the Customer as well as the order number.

The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days from receipt of the Product and all the elements enabling the Customer to be reimbursed. This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer having paid for their order in the form of credits / gift vouchers may be reimbursed by credits / gift vouchers according to the wishes of the Operator.

By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.

Article 12 – CUSTOMER SERVICE

The Customer can contact the Operator:

• to the following number +33986700438 from Monday to Friday from 7 p.m. to 5 p.m.
• by email to [email protected] indicating their name, telephone number, the subject of their request and the number of the order concerned.

Article 13 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE

The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, brands, visual identity, database , structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “Elements”) which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may in whole or part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or for a fee, by a Customer or by a third party, whatever the means and/or supports used, whether known or unknown to date, without the express prior written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

ARTICLE 14 – LIABILITY AND GUARANTEE

The Operator cannot be held responsible for non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or even due to the unforeseeable and insurmountable act of any third party herein.

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their use may be temporarily interrupted due to maintenance, updates or technical improvements, or to change their content and/or their presentation.

The Operator cannot be held responsible for any use made of the Site and its services by Customers in violation of these General Conditions and for any direct or indirect damage that this use could cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for their behavior towards third parties. In the event that the Operator is held liable for such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it as well as to reimburse the Exploiter of all costs, including attorneys’ fees, incurred for his defense.

Independently of any additional contractual guarantee (commercial guarantee) which may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217 -14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.

When you act within the framework of the legal guarantee of conformity:

• you benefit from a period of two (2) years from delivery of the goods to act:
• you can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L. 217-9 of the French Consumer Code;
• you are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except second-hand goods).

You can decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the french Civil Code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the french Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the french Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the french Civil Code, as in force on the date of these General Conditions of Sale:

Please note that the search for amicable solutions prior to possible legal action does not interrupt the time limits for legal guarantees or the duration of any possible contractual guarantee.

ARTICLE 16 – AFTER-SALES SERVICE

The after-sales services provided by the Operator and not covered by the commercial guarantee are the subject of a contract, a copy of which is given to the Customer.

Complaints made under guarantees must be sent to the after-sales service using the following contact details:

• email address: [email protected]
• postal address: Tienda Esquipulas – 39 rue Durantin – 75018 Paris (France)
• phone : +33986700438

Products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.

The Customer will be reimbursed for return postage costs no later than thirty (30) days following receipt of the product by the Operator.

ARTICLE 17 – PERSONAL DATA

For more information regarding the use of personal data by the Operator, please carefully read the Privacy Charter (the “Charter”). You can consult this Charter at any time on the Site.

Article 18 – HYPERTEXT LINKS

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.

Consequently, the Operator cannot be held responsible in any way due to these hypertext links.

In addition, the Customer acknowledges that the Operator cannot endorse, guarantee or take over all or part of the conditions of use and/or the content of these third-party sites.

The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.

The Operator invites the Customer to notify it of any hypertext link present on the Site which would allow access to a third-party site offering content contrary to the laws and/or good morals.

The Client may not use and/or insert a hyperlink pointing to the site without the prior written consent of the Operator on a case-by-case basis.

ARTICLE 19 – REFERENCES

The Client authorizes the Operator to mention the Client’s name and its logo as a reference in its communication media (brochure, website, commercial proposal, relations with the press, press release, press kit, internal communication, etc. .).

ARTICLE 20 – GENERAL PROVISIONS – ENTIRE AGREEMENT OF THE PARTIES

These General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more stipulations of these General Conditions are declared void in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope. Furthermore, the fact for one of the parties to these General Conditions not to take advantage of a failure by the other party to any of the provisions of these General Conditions cannot be interpreted as a waiver on their part of avail themselves of such a breach in the future.

ARTICLE 21 – SPECIAL PROVISIONS APPLICABLE TO SALES TO PROFESSIONAL DISTRIBUTORS OF THE TIENDA ESQUIPULAS BRAND

These provisions as a whole are also applicable to offline sales and to orders transmitted to the company Tienda Esquipulas by any means of communication.

In the case of such an order, the customer acknowledges having read these general conditions of sale by validating and confirming his order to the company.

Article 4 hereof relating to the creation of the customer area is limited, for professional distributors of the brand, to the necessary creation of a professional account validated by the company after registration. It is not possible to access professional features without first having such an account.

Article 5 hereof relating to orders is subject to a minimum purchase of €100 excluding tax, excluding delivery costs.

The payment conditions open to professionals (article 6) are payment by credit card and payment by transfer. PayPal payment is not open to professionals.

Transactions carried out with distributors relate to sales to professionals and do not give rise to the right of withdrawal as described in article 11. Only buyers falling within the conditions determined in article L121-16-1 III of the French Consumer Code benefit from a right of withdrawal.

CHANGES TO TERMS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating all or part of the Site.

In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site.

The Customer acknowledges that the Operator cannot be held responsible in any way towards him or any third party as a result of these modifications, suspensions or cessations.

The Operator advises the Customer to save and/or print these General Conditions for safe and long-term storage, and thus be able to invoke them at any time during the execution of the contract if necessary.

COMPLAINT – MEDIATION

In the event of a dispute, you must first contact the company’s customer service at the following contact details: Tienda Esquipulas – 39 rue Durantin – 75018 Paris – +33986700438 – [email protected]

In the event of failure of the complaint request to customer service or in the absence of a response from this service within ten (10) days, the Customer may submit the dispute relating to the purchase order or these General Terms and Conditions l opposing the Operator ANM Conso mediator via this link.

The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

APPLICABLE RIGHT

These General Conditions are governed, interpreted and applied in accordance with French law. For their interpretation, the parties elect domicile at the head office of the seller, 20 rue Houdon – 75018 Paris.

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having read these General Conditions carefully.

By placing an order, the Customer confirms having read the General Conditions and accepts them, making him contractually bound by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to date can be given to the Customer upon request, it is therefore specified that any modification of the General Conditions which is made by the Operator will not be will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.