http://europe.playaplaya.co (hereinafter the "Website") is published by the company EJ & SUN SAS with a capital of 1500 euros, whose siège social (registered office) is in Sainte-Maxime (83120) – 24-26 Avenue Jean Jaurès BP 149, registered with the Fréjus RCS under no. 810 148 361, intra-community VAT no.FR00810148361 (hereinafter « EJ & SUN » or « The Company »).
The General Terms and Conditions of Sale detailed below apply to all orders placed with the EJ & SUN company for all items and services offered on the site europe.playaplaya.co. They can be accessed at all times on the Website.
EJ & SUN reserves the right to adapt or modify these General Terms and Conditions of Sale at any time, the version of the Terms and Conditions of Sale applicable to any transaction is that listed online on the Website http://europe.playaplaya.co at the time of the order. Consequently, the action of placing an order implies complete adherence, without reservation, to these terms and conditions.
I - CUSTOMER
At the time the customer registers their personal information, the customer must ensure the accuracy and completeness of the data they provide. If an error occurs in the wording of the recipient’s details, EJ & SUN cannot be held liable for any inability to deliver the product.
II - PRODUCTS
The products offered for sale are those described on the Website on the day the internet user consults the Website, within the limit of available product stock. EJ & SUN takes the greatest care in the presentation and description of these products in order to provide the customer with the best possible information. However, it is possible that non-substantial errors may appear on the Website, which the customer acknowledges and agrees to.
In any case, in the event of nonconformity of the product delivered compared to its description on the Website, the customer may either exercise his right of withdrawal, or implement the EJ & SUN guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
III - ORDERS
Acceptance of an order placed on the Website is subject to compliance with the procedure put in place by EJ & SUN, expressed by a succession of different stages that the customer must follow in order to validate their order. Any order validated by the customer is in accordance with the contract of sale and acceptance of all of the clauses of these terms and conditions.
An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the customer by EJ & SUN. For this purpose the customer formally accepts the use of email for receiving confirmation of the contents of their order from the company EJ & SUN. In any event, the invoices are available in the 'my account' section. The customer has 15 (fifteen) calendar days to exercise their withdrawal period from receipt of the package.
IV - PRICES & TERMS OF PAYMENT
The prices of products are indicated in euros, inclusive of all taxes, but excluding shipping costs, and only for the following countries : Italy, Spain, Portugal, Belgium, Greece, Germany, United Kingdom, Austria, Netherlands and Ireland.
The total price of the order (including all taxes and shipping) is indicated in the checkout page. All prices are calculated inclusive of value added tax (VAT - French based rate of 20%).
EJ & SUN reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order. The purchases shall be settled either via PayPal, or via the secure platform provided by our partner PAYMILL, STRIPE or SoFort Banking (only available for Germany, Austria, Belgium, Spain, Italy and Netherlands). The customer expressly acknowledges that disclosure of their bank card number to EJ & SUN gives the company authorization to debit their account to the amount of the products ordered.
The data recorded and kept EJ & SUN constitutes proof of the order and all previous transactions. The data recorded by PayPal, PAYMILL, STRIPE or SoFort constitutes proof of the financial transactions.
V - DELIVERIES
Deliveries are carried out by DHL Economy from Monday to Saturday (delivery lead-time is based on working days - Sundays, public holidays and prohibitions to circulate ordered by the public authorities excluded). Deliveries are only possible for the following countries : Italy, Spain, Portugal, Belgium, Greece, Germany, United Kingdom, Austria, Netherlands and Ireland. DHL Economy undertakes to deliver parcels for these countries within 2 to 5 days.
The delivery is made to the delivery address indicated by the customer, being specified that it must be the address of the customer's residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
Orders are shipped on average every 2 (two) days, but the period may be extended up to 10 (ten) working days, in particular in the aftermath of a collection being placed online. So that deadlines are respected, the customer must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.).
The timescales indicated are indicative deadlines, corresponding to the average time for processing and delivery. EJ & SUN cannot be held responsible for any consequences due to a delivery delay not of their own making. Moreover, in the aftermath of a collection going online, the period may be extended to 10 (ten) days, given the volume of orders.
VI - REFUNDS & RETURNS
Within a period of 15 days following the receipt of their order, the customer may request reimbursement of the order. Return of the product(s) is the responsibility of the customer if the order was placed from abroad and is at their own risk.
Product(s) must be returned in their original packaging, in their original state, brand new, not worn, and unwashed. To make a return, the customer must follow the procedure indicated below. The cost of return are the responsability of the customer.
It is the client's responsibilty to provide a proof of the return, which means the items returned will have to be sent back as a tracked shipment, or any way of their choice providing a precise date; the costs and risks involved in the return depend on the client.
Exchanges are accepted in the limit of available stock and only for the same model, in a different size or colour and for the same price, or in the instance of a faulty product. In the event of an exchange, the second shipment costs will be charged to the client.
Product returns adress :
EJ & SUN SAS
24-26 AVENUE JEAN JAURES BP 149
83120 SAINTE-MAXIME - FRANCE
The return policy is as follows:
After verifying the returned product is in its original condition (new product, not worn, unwashed, in its original package and with labels), we will refund you on the bank card used for the purchase, within 30 days.
The refund of the price billed for the returned products will be done directly on the client's bank account, at the latest within 30 days after we received the returned products.
The client will also have the possibility to contact the client management team by email: email@example.com for any other information.
In case these conditions are not respected by the client, including the return and exchange conditions, EJ & SUN will not be able to proceed with any refund for these products.
If the customer does not adhere to these terms and conditions, including conditions of return or exchange, EJ & SUN cannot proceed to refund the products in question.
VII - GUARANTEES AND RESPONSIBILITY
EJ & SUN only has a best-efforts obligation for all stages of access to the Website, from the processing of the order to shipment of the package or subsequent services. EJ & SUN cannot be held liable for any inconveniences or damages inherent to the use of the internet, including service breakdown, an external intrusion or the presence of computer viruses, or any event or occurrence qualified by force majeure in accordance with the law and jurisprudence.
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship. All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.
Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, the whole of the applicable texts are reproduced here.
Art. L. 211-4 of the French Consumer Code: The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.
Art. L. 211-5. of the Consumer Code: To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the customer in the form of a sample or model; b) have the qualities that a customer might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the customer that has been brought to the notice of the seller and which the latter has accepted.
Art. L. 211-12 of the Consumer Code: Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.
Art. 1641 of the Civil Code: A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the customer would not have purchased it, or would only have offered a lower price for it, had they known of them.
Art. 1648 paragraph 1 the civil code The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.
It should be noted that confidentiality of data exchanges is not guaranteed over the internet, and that every internet user is required to take all appropriate measures to protect their own data and/or software from contamination of any possible viruses circulating on the internet.
EJ & SUN SAS
24-26 AVENUE JEAN JAURES BP 149
83120 SAINTE-MAXIME FRANCE
registered with the RCS under number 810 148 361
Editing editor is Mme Choukroun in her capacity as marketing manager
Contact : firstname.lastname@example.org
III. PERSONNAL DATA AND COOKIES
In accordance with the provisions of the French Act No. 78-17 of 6 January 1978 relative to information technology, files and freedoms, the Website was the subject of a declaration to the CNIL (Commission Nationale Informatique et Libertés - National Commission on Information Technology and Liberties) under number 1905119.
All your account information is only used in the context of your business relationship with www.playaplaya.co. This information is never shared with third parties or resold. Finally, we do not store your bank details. Transactions are processed entirely by PayPal or the secure payment module of our partner PAYMILL or the secure payment module of our partner STRIPE or the secure payment module of our partner SoFort Banking.
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