GCV

The site boutique emling.fr (the "Site"), published by the company Crearep S.A., hereinafter referred to as Emling - 25, rue Royale - 75008 Paris, allows you as an Internet user to make online purchases, according to the provisions of these general conditions (the "General Conditions").

The items that you purchase on the Site are exclusively for your personal use and may not be purchased in any way whatsoever for resale. The Site is intended for Internet users of full age or emancipated minors.

Any Internet user wishing to become a client must create an Emling account and provide us with certain personal data concerning him/her, which will be processed in accordance with the French Data Protection Act and the provisions of article 9 of the General Terms and Conditions.

ARTICLE 1. Purpose

The purpose of the General Terms and Conditions is to determine the rules applicable to online purchases, detailing the different steps of the purchase process. The General Conditions may be modified and updated at any time.

ARTICLE 2. Items offered for sale ont the Price Site

The items offered for sale are only those appearing on the Site on the day of your consultation.

We make our best efforts to show and describe the items offered for sale as faithfully as possible, respecting colors, dimensions and proportions. Photographs, text and other descriptions of items may not, however, fully reflect their true appearance. You know that distance selling, given the technical constraints involved, cannot replace physical contact with the items.

For all questions allowing in particular to better appreciate the qualities of the articles, go to one of our EMLING stores or contact by telephone our Customer Service according to the methods referred to in article 8.

The offer to sell items is valid while stocks last and is limited to five (5) lines per order. The prices in force, expressed in Euros, all taxes included, are those mentioned on the Site at the time of the order. These prices may change at any time.

The amounts of participation in the costs of preparation of the articles sold are indicated in the summary page of your order before final validation of the envisaged purchase.

ARTICLE 3. Placing an order

To place your order on the Site, you must select the chosen item, size and colors, then click on the "Add to Cart" tab.

You can then continue shopping by clicking on the "continue shopping" button, or complete your order by clicking on the "pay your order" button.

A summary of the selected items, their summary descriptions and their individual and global prices then appear on the screen.

A summary of the selected items, their summary descriptions and their individual and global prices then appear on the screen. You must ensure the relevance of the information thus summarized before confirming your order. Once your order has been confirmed in this way and payment has been made, you will no longer be able to modify it on the Site.

You must identify yourself, thanks to your email address, your password to continue your purchases. Addresses with simply a P.O. Box (PO Box) are insufficient. You recognize that the seizure of your email address and your password makes it possible to validly presume the authenticity of your identity.

After you have correctly identified yourself, the purchase requires your reading and acceptance of the General Terms and Conditions by ticking the box "I have read and accepted the General Terms and Conditions". By doing so, you express electronically your agreement on the thing, the price and the contractual legal terms of the envisaged sale. You confer to this electronic agreement the same value as an agreement formalized by a handwritten signature; it is worth in particular proof of the due date of the sums due in execution of the order.

In application of article L 134-2 of the Consumer Code, when one of your orders is for an amount equal to or greater than 120 Euros, we must retain the contractual elements for a period of ten years from the date of delivery of your order. You have access to these contractual elements in the "my account" section of the Site.

In order to secure the transactions, we will, in some cases, be led to ask you for additional supporting documents.

If necessary, you will receive an email indicating the documents to provide us in order to validate your order.

ARTICLE 4. Payment

4.1. Modality

Payment is made exclusively by CB, Visa, Mastercard or Amex credit cards by filling in the information requested on the relevant page of the Site, or through the online payment partner PayPal. All transactions by crédit card or PayPal  will be immediatly debited.

The shipment of the order will only take place once your bank details have been verified and the authorization to debit your credit card has been received. For PayPal transactions, payment is immediate; the order will be shipped only when your order data has been validated. In the absence of such authorization, the sale will not take place.

4.2. Payment secure

Payment is made via a secure platform operated by the Site's bank, or via the PayPal service. During the payment, you are directly directed to the electronic payment server of this bank or PayPal and no contact information is stored by Emling, publisher of the Site.

4.3. Acknowledgement of order receipt

At the end of the payment, you will receive an order summary email at the latest before delivery which formalizes the contract between the parties. 4.4 Invoice Your invoice will be available, downloadable and printable in the "my account" section, as soon as your order has been confirmed.

ARTICLE 5. Securing

5.1. Order analyses system (Fraud detection)

The information related to your order is subject to automated data processing for which OneyTrust is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud. OneyTrust and the merchant where you make your purchase are the recipients of the data related to your order. The non-transmission of data related to your order prevents the completion and analysis of your transaction.

The occurrence of an outstanding payment due to fraudulent use of a credit card will result in the registration of the contact information related to your order associated with this outstanding payment in a payment incident file implemented by OneyTrust. An irregular declaration or anomaly may also be subject to specific processing.

In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and oppose all your personal data at any time by writing to OneyTrust - Service Informatique et Libertés - Traitements n°773061 and n°1080905 - 39, rue Saint-Lazare, 75009 PARIS, France, with proof of your identity.

ARTICLE 6. Delivery

We will do our best efforts to ensure that your order is delivered as soon as possible.

It is specified that orders placed on the Site on Friday afternoon, Saturday or Sunday can only be processed the following Monday. Orders placed on the Site on a holiday other than Friday, Saturday and Sunday will also be processed the next business day.

Shipping costs will be displayed on the Site on the summary page of the items you intend to purchase.

For information, the rule for calculating the contribution to shipping costs is as follows (excluding customs charges which may be applied by the carrier for deliveries outside the European Union):

Metropolitan Frane, Corsica & Monaco : Transporteur DHL - délai 24 à 48€

The weight of the items determines the price of the transport invoiced by DHL and is the price we re-invoice.

For all others destinations, the carrier is Colissimo

Dom Tom: Guadeloupe, Martinique, Reunion, Guyane, Mayotte, St Pierre and Miquelon :

Europe 1: Germany, Netherlands, Belgium, Luxembourg :

Europe 2: Great Britain, Italy, Spain, Austria, Portugal, Ireland :

Europe 3: Denmark, Sweden, Switzerland, Poland, Hongary, Czech republic :

Europe 4: Finland, Norway, Greece :

America & Asia: USA, Canada, Mexico, Hong-Kong, Singapore, Japan :

Middle East & Asia: Oman, Qatar, United Arab Emirates, Bahrain, mauritius :

Oceania: Australia :

The delivery will be made to the address indicated by you in metropolitan France, Corsica, Monaco, excluding DOM-TOM, and abroad in the following countries: Germany, Belgium, Netherlands, Luxembourg, Great Britain, Italy, Spain, Austria, Denmark, Ireland, Portugal, Finland, Norway, Switzerland, Sweden, Australia, Poland, USA and Canada.

The delivery will not be insured in case of force majeure and/or transport strike. You will be able to follow the progress of the delivery of your order by clicking on the Coliposte link in the "my account" section, or by contacting Customer Service by telephone as described in article 8.

ARTICLE 7. Return of non-compliant items and right of withdrawal

Upon receipt of the order, you will have to verify the conformity of the items received in execution of your order.

7.1. Non-compliant issuance

We take the best possible care to deliver items that comply with the provisions L 211-4 and L 211-5 of the French Consumer Code.

However, we cannot prevent a possible non-compliant delivery. Should this situation occur, you should notify us and return the non-compliant item(s) to Customer Service within six (6) months of receipt in accordance with the terms and conditions set out in Article 7.4. We will use our best efforts to deliver the compliant product to you within seven (7) days.

Failing this, we will proceed to reimburse all sums paid. Beyond this period, claims for non-conforming delivery will no longer be admissible and we will not be required to make a new delivery.

In case of abnormal or abusive returns, we may refuse to serve a subsequent order.

7.2. Right of withdrawal

You have a period of fourteen (14) clear days from the date of receipt to return the item purchased, without having to justify any reason, in accordance with the terms and conditions referred to in Article 7.4.

7.3. Right of exhange

If you wish to make an exchange due to a wrong choice of the size ordered: simply return the unworn item in its original box with the bags and within one month (30 days) of receipt of your order. See the return procedure referred to in article 7.4.

Socks and all of our cleaning products cannot be exchanged or refunded.

7.4. Return Policy

In case of non-compliant item, exercise of the withdrawal period or exchange, the items must be returned:

- in the original packaging (with pouches)

- without the article having been worn

- at the postal address indicated in Article 8

- accompanied by a return form (available by clicking on the link below), to be printed and filled in.

Download the return/exchange form

You will be refunded the full amount paid, including the delivery charges invoiced when you placed your order in proportion to the calculation set out in Article 6 (excluding return costs, which remain the responsibility of the customer), within fourteen (14) days from receipt of the returned item.

The means of reimbursement will be identical to that used when placing the order. If you have any questions on these points, you may call Customer Service as described in Article 8.

ARTICLE 8. Customer service

For any question or information concerning the use of the Site, the provisions of the General Terms and Conditions or the articles appearing on the Site, you can contact us by :

- telephone from Monday to Friday from 10:30 am to 07:00 pm at the following number: 01.53.43.30.13

- contact form accessible in the tab "Customer Service".

- simple mail, by writing to the following address: EMLING - 96 rue de Courcelles - 75017 Paris - France.

ARTICLE 9. Legal Warranties

You benefit from all legal guarantees and in particular from articles L211-4, L211-5 and L211-12 of the Consumer Code and articles 1641 and 1648 paragraph 1 of the Civil Code.

- Article L211-4 of the Consumer Code "The seller is required to deliver a good that conforms to the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, (...) when the packaging has been charged to him by the contract or has been made under his responsibility. »

- Article L211-5 of the Consumer Code "To be in conformity with the contract, the goods must :

1° Be fit for the use usually expected of a similar good and, where applicable :

- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling ;

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter. »

- Article L211-12 of the French Consumer Code "The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »

- Article 1641 of the Civil Code "The seller is bound by the warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them. »

- Article 1648 paragraph 1 of the Civil Code "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the risk. »

ARTICLE 10. Information and technology freedom

Please refer to the Site's Terms of Use for information on your rights protecting the collection and use of your personal data.

ARTICLE 11. Intellectual Property

Refer to the rules of use of the Site to know the intellectual property rights to be respected during your use of the Site.

ARTICLE 12. Protection of personal data

When using the www.emling.fr website, EMLING collects personal data.

The Client is informed that the collection of its personal data is necessary for the sale of the Products by Emling as well as their transmission to third parties for the purpose of delivery of the Products and execution of payment.

This personal data is collected solely for the execution of the sales contract.

The client is invited to consult the confidentiality policy for personal data set up by Emling, in order to obtain all information concerning in particular the information collected, the purpose of this collection as well as the means available to the client to access, modify or delete this information.

ARTICLE 13. Limitation of liability

Given the technical constraints of computer and telecommunications use of the Site, we can not guarantee the absence of malfunctioning of each step of access to the Site, the ordering process, payment, delivery tracking, particularly because of the inconvenience or damage inherent in the use of the Internet, such as external intrusion, presence of computer viruses ....

In addition, in accordance with the law, we disclaim our liability in the event that the non-performance or improper performance of our obligations as a seller would be attributable either to your own behavior, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.

ARTICLE 14. Force majeure

Your responsibility can in no case be sought if the partial or total non-fulfillment of your obligations is caused by an event constituting force majeure, that is to say an irresistible element within the meaning of these terms.

In the same way, you will not be able to seek our responsibility in the event of partial or total non-performance due to an irresistible event, deemed to be an event of force majeure. Each party will inform the other of the occurrence of an element of force majeure as soon as possible.

ARTICLE 15. Completeness and validity of the General Conditions

The General Terms and Conditions and the confirmation of your order form a contractual whole constituting the entirety of the agreements between the parties.

If one or some of the provisions of the General Terms and Conditions were to be declared null and void in whole or in part, the other provisions would nevertheless remain applicable in their entirety, by renegotiating the cancelled provision in good faith.

ARTICLE 16. Applicable Law and Dispute Resolution

The General Conditions are subject to French law. For the settlement of any disputes that may arise in connection with the application of the General Conditions, only the French Courts will be competent.