1. Definitions and terminology
a. Delivery: the dispatch of purchased products to the address chosen by the buyer;
b. General conditions: the present general conditions of Elle’S Design ;
c. Order: order from the buyer to deliver Elle’S Design products;
d. Consumer: the buyer who is not acting in the exercise of a profession or business;
e. Buyer: the natural or legal person who enters into a Contract with Elle’S Design. The buyer acts either as a consumer or in the exercise of a profession or business.
f. Contract: any contract or agreement between Elle’S Design and the buyer;
g. Distance contract: an agreement with a consumer using one or more distance communication techniques until the conclusion of the contract;
h. Customized product: Product manufactured according to the buyer’s specific requirements (specials, colors, materials, shapes, etc.).
i. Product : good sold by Elle’S Design
j. Website: Elle’S Design website: www. elle-s-design.com
k. Corporate buyer: the buyer who acts in the exercise of a profession or business.
2 Communication
2.1 For questions and comments about Elle’S Design products, the buyer or other interested party may send an e-mail to contact@elle-s-design.com .
3 Applicability of these terms and conditions
3.1 These general terms and conditions apply to all offers, agreements and deliveries by / with Elle’S Design unless otherwise agreed in writing.
3.2 Deviating (purchase) conditions of the purchaser are expressly rejected, unless Elle’S Design accepts such deviating conditions in writing prior to the order date. In this case, deviating conditions apply only to the specific agreement in which they were agreed.
3.3 If any provision of these terms and conditions is invalid or unenforceable for any reason, these terms and conditions shall remain in full force and effect.
4 Site information
4.1 Although the content of the Site has been compiled with the utmost care, Elle’S Design cannot guarantee that all information, text and images on the Site are correct and complete at all times. All prices and other information on the Site, including product stock information, are subject to obvious programming errors and typographical mistakes. Deviations from reality cannot give rise to compensation and/or dissolution.
4.2 Price lists, brochures, printed matter etc. supplied by Elle’S Design are subject to change and do not count as quotations.
4.3 The product photos on the site serve as inspiration. Products delivered to the Buyer are custom-made and may differ in materials, colors and shapes.
4.4 In-store products are available for purchase. Not all products shown on the website are in stock and directly available. Anything that is not in stock and needs to be manufactured will be indicated when ordering: “pre-order” (hereinafter: “pre-order”). This means that the product will be manufactured especially for the purchaser (custom-made) as part of the order.
5 Prices
5.1 All prices and rates are in euros and include VAT, but exclude delivery costs. Shipping costs are indicated before payment is finalized. They are calculated on the basis of the rates of a specialized carrier and vary according to the destination and weight of the package.
5.2 Shipping costs are at the buyer’s expense.
5.3 In the event of an increase in one or more cost price factors, Elle’S Design has the right, where the purchaser is not a consumer, to modify the price accordingly, irrespective of whether or not the change was foreseeable for Elle’S Design at the time the agreement was concluded. Such a price increase does not give the purchaser the right to cancel the contract.
6 Conclusion of agreements
6.1 An agreement is concluded after Elle’S Design has sent a confirmation e-mail. The confirmation e-mail is deemed to display the contract correctly and completely, unless the purchaser objects in writing within three working days.
6.2 Additions and modifications to a contract are only binding on Elle’S Design insofar as they have been confirmed in writing by Elle’S Design.
6.3 Elle’S Design reserves the right to refuse orders without giving reasons, to require advance payment or to demand a guarantee.
7 Payment
7.1 Unless otherwise agreed in writing, payment must be made online or by bank transfer to a bank account designated by Elle’S Design.
7.2 In all other cases, payment of an invoice or part of an invoice will be made no later than fourteen days after receipt, unless otherwise agreed. If the purchaser does not pay on time, he will be considered in default of payment.
7.3 Elle’S design may charge statutory interest to consumers from the expiry of the term in Article 7.2.
7.4 Any costs incurred by Elle’S Design as a result of late payment shall be borne by the purchaser. These costs are limited to the maximum percentage of the principal allowed by law and regulations.
7.5 The Buyer is not entitled to any claim made by the Buyer against Elle’S Design.
to pay an amount due by the Buyer to Elle’S Design, without prior written acceptance by Elle’S Design.
8 Reservation of title
8.1 All goods delivered remain the property of Elle’S Design until the buyer has fully met his payment obligation under the contract.
8.2 The buyer is obliged to handle the delivered products with care until full payment has been received. He may not transfer the delivered products to third parties or pledge them as security. until the full purchase price and any associated costs have been paid in full.
8.3 In the event that the purchaser does not fully meet an obligation arising from the legal relationship with Elle’S Design, in particular the obligation to pay, Elle’S Design is entitled to take back the goods delivered after notification of defect. In this case, the agreement is deemed to have lapsed without judicial intervention, without prejudice to Elle’S Design’s right to claim the costs of return, the costs of repair and the costs of replacement. damages.
9 Delivery
9.1 Unless otherwise agreed in writing, delivery is made via a carrier. Our website contains extensive information on “ordering, shipping and returns. From the moment of delivery to the address chosen by the Buyer, all risks of loss, damage, etc., howsoever caused, shall pass to the Buyer. The Buyer guarantees that the address given by the Buyer is the correct one. If the Buyer has made a mistake in this respect, Elle’S Design is not responsible for the non-arrival of the delivery.
9.2 Elle’S Design determines the mode of transport, shipping and packaging. Elle’S Design generally uses the services of a specialized carrier.
10 Contract performance
10.1 Most Elle’S Design products are specially designed and adapted for a particular buyer. This means that production may take a specific amount of time. Delivery time is generally three weeks, but may be longer due to exceptional circumstances. If the Buyer selects a product on the website for purchase, when the product is to be custom-made, the message “pre-order” will be indicated. This means that it is a custom-made product to which the right of withdrawal does not apply.
10.2 If the purchaser uses the “create your own product” tool on the website, there is always a custom-made product to which the right of withdrawal does not apply.
10.3 All delivery conditions mentioned by Elle’S Design are determined on the basis of the data and circumstances known to Elle’S Design at the time the contract is concluded. If a change in data and/or circumstances, however foreseeable, causes a delay, the delivery date will be modified accordingly, without prejudice to the following provisions relating to force majeure.
10.4 Exceeding the delivery times specified by Elle’S Design, for whatever reason, never entitles the purchaser to compensation, unless Elle’S Design has acted intentionally or with gross negligence.
11 Order cancellation
11.1 Cancellation of the order is only possible after written confirmation by Elle’S Design. In the event of cancellation of the order by the purchaser, Elle’S Design is entitled to invoice 25% of the agreed price of the goods and to claim a higher amount on the basis of the loss incurred. In the event of cancellation of the order for custom-made products by the purchaser, Elle’S Design is entitled to invoice 100% of the agreed price.
11.2 The consumer is not required to pay any cancellation fees for a contract concluded outside the sales area or at a distance when using the right of withdrawal as provided by law for these sales methods. See also article 13 of these terms and conditions. Custom-made products are excluded from the right of withdrawal.
12 Complaints procedure
12.1 Elle’S Design guarantees that the products delivered meet the specifications indicated in the offer and the reasonable requirements of reliability and use.
12.2 The purchaser is obliged to inspect the product for defects immediately after delivery.
12.3 In the event of visible loss or damage to the Products delivered in transit, the Buyer must insist that the defect be noted on the carrier’s delivery note and that a photograph of the damage be taken. If the Customer does not immediately notify the carrier concerned and Elle’S Design, the Buyer loses the right to make claims in this respect.
12.4 All complaints concerning delivered products will only be processed by Elle’S Design if they have been communicated to Elle’S Design in writing within 7 working days of delivery, stating the nature and reason for the defects and mentioning the invoice number or, failing this, the dispatch note or order confirmation. After this period, the purchaser is deemed to have approved the goods delivered.
12.5 Deviations in color, wear resistance, structure, etc. may limit or exclude warranty claims and/or compensation. This is the case if the deviations are acceptable from a technical point of view according to applicable, customary standards or commercial usage.
12.6 If the Buyer has a complaint concerning a product, the Buyer may lodge a complaint with Elle’S Design by e-mail or by post, see article 2.
12.7 The timely filing of a complaint is in the interest of both the buyer and Elle’S Design. Failure to complain in time may result in the loss of the buyer’s rights in this respect.
12.8 Return requests must be made by sending an email to contact@elle-s-design.com indicating the invoice / order confirmation number and providing a clear description of the item numbers, numbers and reason for the return request. If Elle’S Design accepts the return request, it will send a confirmation email with instructions for returning the product. Elle’S Design expressly reserves the right to refuse the return request.
12.9 Delivered goods for which a return request has been made must be returned by the purchaser to the address indicated within 7 working days. When returning goods, the return number must be clearly indicated on the enclosed packaging documents. Only items that are complete, in good condition and in their original packaging can be returned and accepted. The buyer is entirely responsible for the returned goods.
13 Right of withdrawal for consumers
13.1 Article 13 applies only to consumers, not to commercial buyers.
13.2 The consumer may cancel the online purchase of a product during a cooling-off period of fourteen days without giving any reason. This right of withdrawal does not apply to products ordered or manufactured to order. It therefore does not apply to products that have been created on the basis of a pre-order or using the Build your own product tool.
13.3 The cooling-off period begins on the day following receipt of the product by the consumer (or at the consumer’s request on his behalf).
13.4 Obligations of the consumer during the cooling-off period :
a) During the cooling-off period, the consumer must handle the product and packaging with care. He shall unpack or use the product only to determine its nature, characteristics and operation. They should handle and inspect the product as they would in a store. He must return the product (very fragile), in its original packaging. If other packaging is used, the lampshades may break or be damaged.
b) If the consumer goes beyond what is described in article 13.4.a, does not use the correct packaging or takes care of the return, he is responsible for the depreciation of the product.
c) If the consumer makes use of his right of withdrawal, he must inform ELLE’S Design before the end of the withdrawal period using the withdrawal form below.
d) as soon as possible, but in any event within fourteen days of the date of such notification, the consumer returns the product or gives it to an authorized ELLE’S Design representative.
e) The consumer returns the product with all accessories provided, in the original condition and packaging referred to in this article, and in accordance with the reasonable and clear instructions provided by Elle’S Design.
f) The burden of proof for the correct and timely exercise of the right of withdrawal lies with the purchaser.
13.5 Elle’S Design’s obligations during the cooling-off period :
a) If Elle’S Design receives electronic notification from the consumer that he wishes to terminate the contract, Elle’S Design will immediately send an acknowledgement of receipt.
b) Elle’S Design will refund all consumer payments, including calculated delivery charges, no later than fourteen days after the day of withdrawal. Unless Elle’S Design offers to collect the product itself, a refund can only be made after Elle’S Design has received the product or after the buyer has provided proof that the product has been returned, whichever comes first.
c) Elle’S Design will use the same method of payment as that used by the consumer for the refund, unless otherwise agreed. The refund is free of charge for the consumer.
d) If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the contractor is not obliged to reimburse the additional costs associated with the more expensive delivery method.
Sample withdrawal form :
On: ……….
I hereby inform you that I wish to withdraw from our agreement for the sale of the following products:
Ordered on :
Received at :
Consumer name :
Consumer address :
Date :
Signature (only if provided on paper)
14. Liability
14.1 Elle’S Design’s cumulative liability to a purchaser is limited to compensation up to the amount of the stipulated price for that purchase (including VAT and shipping costs), unless the damage is the result of Elle’S Design’s intent or gross negligence.
14.2 Elle’S Design shall not be liable to the purchaser for consequential damages, including loss of profit, lost savings, loss of data or business interruption.
14.3 Elle’S Design’s liability to the commercial purchaser for a defect attributable to the performance of the contract shall expire if written notice is not received by Elle’S Design within fourteen calendar days of its discovery. The notice of defect must contain as detailed a description of the failure as possible, so that Elle’S Design can respond appropriately.
14.4 In the event of force majeure, Elle’S Design is not obliged to compensate the purchaser for any damage resulting from such force majeure.
15 Intellectual property
15.1 Elle’S Design owns the intellectual property rights to the products it manufactures. Elle’S Design reserves the intellectual property on the products supplied, including models, drawings, images and designs and samples. These belong exclusively to Elle’S Design. The Buyer is not authorized to use them, except in the context of collaboration with Elle’S Design. If the Buyer obtains models, drawings, images, designs, samples or other items in connection with the purchase of Elle’S Design products, the Buyer shall keep such items separate and confidential.
15.2 The Buyer is not entitled to assert any intellectual property rights over Elle’S Design’s works.
15.3 The Buyer may not reproduce, publish or exploit the products supplied by Elle’S Design which are subject to intellectual property rights without the prior written authorization of Elle’S Design. Financial conditions will be attached to this authorization.
15.4 Elle’S Design owns various trademarks. The Buyer is not authorized to use the trademarks or to register trademarks that are confusingly similar to those of Elle’S Design. The Buyer is not authorized – without Elle’S Design’s permission – to add Elle’S Design’s trademarks to its own trademark, trade name or domain name. In referencing Elle’S Design’s marks, Buyer shall follow Elle’S Design’s applicable instructions.
15.5 The Buyer shall indemnify Elle’S Design against all damages (including all legal costs) which may arise for Elle’S Design as a result of a breach of any of the provisions of this clause 15. The Buyer shall bear all Elle’S Design’s costs in respect of such claims and shall be obliged to take such measures as may help to limit any additional costs incurred or damages suffered as a result of the aforementioned breaches.
16 Processing of personal data
16.1 Elle’S Design processes the Buyer’s personal data in accordance with the privacy policy published on the Site.
16 Processing of personal data
16.1 Elle’S Design processes the Buyer’s personal data in accordance with the privacy policy published on the Site.
17 Elle’S Design business partners
17.1 When purchasing Elle’S Design products from an Elle’S Design sales partner, other conditions specific to the sales partner may apply. The buyer can find them in the conditions of the sales partner.
18 Applicable law and settlement of disputes
18.1 All agreements to which these conditions apply are subject to French law.
18.2 Elle’S Design shall endeavour to settle any disputes arising from the legal relationships it has established.
18.3 Consumers who have concluded a distance contract may use the European Commission’s dispute resolution platform. The platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/. Elle’S Design is not obliged to participate in the dispute resolution process via this platform.
19 Registration and modification of terms and conditions
19.1 Elle’S Design reserves the right to supplement or amend these terms and conditions. The most recent version of the terms and conditions is available on the Elle’S Design website.