TERMS OF SERVICE
ER SKATE GENERAL TERMS AND CONDITIONS FOR ONLINE PURCHASING ON WWW.ERSKATE.COM
1. Company information
15 rue des boulines, 17540 ANGLIERS - France
+33 9 84 09 46 09
RCS LA ROCHELLE 788 926 327 00016
N° TVA FR 42 788 926 327
For the purpose of these General Terms and Conditions, the following terms shall have the following meanings:
"Business Day" means a calendar day, other than a Saturday, a Sunday or a French public holiday, on which the banks in France are open for normal business;
"Consumer" means any natural person not acting in the course of a profession or business that enters into an Agreement with ER Souliers de Skate via the ER Souliers de Skate e-shop;
"Agreement" means any agreement with respect to orders placed for Products available on the ER Souliers de Skate e-shop concluded between ER Souliers de Skate and the Consumer via the ER Souliers de Skate Website;
"Durable medium" means any instrument, including email, which enables the Consumer to store information addressed to him in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored;
"General Terms and Conditions" means these General Terms and Conditions of ER Souliers de Skate;
"Intellectual Property Rights" means all existing and future intellectual property rights, subsisting anywhere in the world, whether registered or not (including but not limited to all trademark rights, trade name rights, patent rights, copyrights, database rights, design rights, and all trademarks, trade names, domain names, software, patents, works, databases, designs, models, know-how, and all rights in respect of any of the foregoing) relating to the Products and the ER Souliers de Skate Website;
"Parties" means ER Souliers de Skate and the Consumer collectively;
"Product" means all goods ER Souliers de Skate produces and/or sells under – inter alia – the (trade)name ' ER Souliers de Skate ' and/or 'ER Skate'.
3.1. These General Terms and Conditions apply to any Agreement (and/or changes or additions thereto) for the sale and delivery of Products concluded through the ER Souliers de Skate e-shop to which ER Souliers de Skate is a party and applies to the whole legal relationship between the Parties. These General Terms and Conditions also apply to and form integral part of all quotations and offers made by ER Souliers de Skate and all acceptances, acknowledgements and confirmations by ER Souliers de Skate of any orders made by the Consumer.
3.2. By placing an order the Consumer agrees to be bound by these General Terms and Conditions.
3.3. In the event that specific Product related terms and conditions apply in addition to these General Terms and Conditions, those terms will be explicitly specified in the offer of the specific Product and in the event of contradictory terms and conditions, the Consumer may invoke the applicable condition that is most favourable to the Consumer.
3.4. These General Terms and Conditions supersede any previous general terms and conditions for the sale and delivery of Products concluded through the ER Souliers de Skate e-shop.
4. Offers and orders
4.1. The material on the ER Souliers de Skate Website is provided for general information only. Obvious errors or mistakes in the offer do not bind ER Souliers de Skate.
4.2. ER Souliers de Skate will indicate on the ER Souliers de Skate Website if an offer is of limited duration.
4.3. An offer is subject to availability. If a Product is out of stock, despite appearing on the ER Souliers de Skate e-shop, ER Souliers de Skate may cancel a confirmed order. In such event the Consumer will be informed by email and any payments with respect to the order will be refunded.
5. The agreement
5.1. Subject to the provisions of these General Terms and Conditions, the Agreement becomes effective upon acceptance of an offer and the fulfilment of the applicable conditions by the Consumer. The Consumer accepts the offer by placing an order through the ER Souliers de Skate e-shop. Promptly after receiving an order, ER Souliers de Skate will send an automated email confirming the receipt of the order.
5.2. ER Souliers de Skate may obtain information – within statutory frameworks – about the Consumer's ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the Agreement.
5.3. ER Souliers de Skate reserves the right to reject or cancel an order, without being liable for any damages or costs in (among others) the following situations:
• The Product is not available or the Product is out of stock;
• The order is flagged by ER Souliers de Skate's security systems as an unusual order or an order susceptible to fraud;
• The Consumer's billing information is not correct or not verifiable;
• ER Souliers de Skate has reason to believe the Consumer is a reseller;
• There was an error in the price displayed on the ER Souliers de Skate e-shop;
• ER Souliers de Skate cannot deliver to the shipping address provided by the Consumer.
In such event the Consumer will be informed by email and any payments with respect to the order will be refunded.
6.1. All prices quoted on the ER Souliers de Skate are in Euros and include VAT (TVA).
6.2. ER Souliers de Skate reserves the right to change the prices quoted on the ER Souliers de Skate e-shop without notice. ER Souliers de Skate will not be liable to the Customer or any third party for price changes.
6.3. Shipping and delivery rates are applied per order. All costs in connection with shipment import and export duties and excise, as well as all other levies or taxes imposed or levied in respect of the Product, the shipping and customs clearance shall be at the Consumer's expense. Such costs or expenses which have been paid by ER Souliers de Skate, shall be charged to the Consumer.
7. Right of withdrawal
7.1. The Consumer has the right to withdraw from the Agreement within 14 calendar days without giving any reason. The withdrawal period will expire after 14 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the ordered Product. In the event that several Products of the same order are delivered separately, the withdrawal period will expire after 14 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the last ordered Product).
7.2. To exercise the right of withdrawal, the Consumer must inform ER Souliers de Skate of his decision to withdraw from the Agreement by filling the Return Form link at the end of your order confirmation. To meet the withdrawal deadline, it is sufficient for the Customer to submit the unequivocal statement to ER Souliers de Skate before the withdrawal period has expired.
7.3. During the withdrawal period, the Consumer shall handle and inspect the Product and the packaging with care, in the same manner as the Consumer would be allowed to do in a retail shop. The Consumer shall only unpack or use the Product to the extent necessary to establish the nature, the characteristics and the functioning of the Product. The Consumer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
7.4. If the Consumer exercises its right of withdrawal, the Consumer will return the Product to ER Souliers de Skate at its own risk and expense, without undue delay and in any event no later than 14 calendar days from the day on which the Consumer communicated his decision to withdraw to ER Souliers de Skate. This deadline is met if the Consumer sends back the Product before the withdrawal period of 14 calendar days has expired. If the Consumer is located outside the European Union, the Consumer shall declare the returned Product as "Returns and Repairs of French Merchandise" on the customs declaration.
7.5. The Consumer shall return the Product with all delivered accessories and in the complete and original state and, to the extent possible, in its original packaging. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
7.6. If the Consumer timely exercises its right of withdrawal, ER Souliers de Skate will reimburse the relevant payments received from the Consumer, excluding the costs of delivery, without undue delay and in any event not later than 14 calendar days from the day on which ER Souliers de Skate is informed of the Consumer's decision to withdraw from the Agreement. ER Souliers de Skate may withhold the reimbursement until ER Souliers de Skate has received the Product back, or until the Consumer has supplied adequate evidence of timely having sent back the Product, whichever is earliest. ER Souliers de Skate will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise.
7.8. ER Souliers de Skate is entitled to refuse to accept a returned Product and the reimbursement of payments if the Consumer does not comply with the instructions of this clause 7.
8. Payment by the Consumer
8.1. Save as otherwise provided in the Agreement or in applicable additional terms and conditions, the sums payable to ER Souliers de Skate will be paid by the Consumer within 14 calendar days after the conclusion of the Agreement.
8.2. ER Souliers de Skate does not accept any other method of payment than the payment methods indicated on the ER Souliers de Skate Website. ER Souliers de Skate may change these payment methods at any time. All actual costs of payment will be passed on to the Consumer.
8.3. The Consumer has the duty to inform ER Souliers de Skate of any inaccuracies in payment data provided or stated.
9. Shipping and delivery
9.1. The ordered Product will be shipped to the Consumer within 1-3 Business Days after the confirmation of the order. In the event that multiple orders with the same shipping address are placed by the Consumer, these orders may be combined, unless otherwise requested by the Consumer. In such event the Products will be shipped to the Consumer within 1-3 Business Days after the last order.
9.2. The shipping and delivery terms indicated in these General Terms and Conditions, on the ER Souliers de Skate Website or otherwise communicated by ER Souliers de Skate are indicative and not guaranteed. If ER Souliers de Skate is unable to meet the (estimated) shipping date, ER Souliers de Skate will notify the Consumer accordingly. ER Souliers de Skate shall not be liable for any damages and costs arising out or in connection with delayed delivery.
9.3. ER Souliers de Skate ships to shipping addresses in the countries indicated on the ER Souliers de Skate Website. ER Souliers de Skate will deliver the Product at the shipping address specified in the order of the Consumer.
9.4. If the shipping address is located outside the European Union, the Consumer shall be responsible for assuring that the ordered Product can be lawfully imported.
9.5. ER Souliers de Skate is authorized to engage third parties in the fulfilment of its shipping and delivery obligations under the Agreement. All shipping services used by ER Souliers de Skate provide a tracking number.
9.6. ER Souliers de Skate retains the full and unconditional ownership of the ordered Product until the Product as well as all other claims of ER Souliers de Skate vis-à-vis the Consumer are paid in full. The Consumer shall in no event have a right of retention with regard to the Product. ER Souliers de Skate is entitled to repossess the Product if the Consumer fails to fulfil any of its obligations under the Agreement and/or if ER Souliers de Skate infers from the Consumer's behaviour or communication that the Consumer will fail to fulfil any of its obligations under the Agreement.
9.7. All risks in connection with the Product shall pass to the Consumer when the Product is delivered at the shipping address specified in the order of the Consumer. If the Consumer refuses or fails to take and/or accept delivery of the ordered Product, the Consumer will be charged the actual costs of shipping the Product back to ER Souliers de Skate.
10.1. ER Souliers de Skate wishes to point out that the Consumer can rely upon the legal guarantee of conformity of goods. The Consumer is obliged to closely examine the delivered Product upon the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the Product.
10.2. The Consumer shall inform ER Souliers de Skate of any complaints about defects and/or non-compliance with the specifications of the delivered Product, including but not limited to complaints in respect of visible defects and/or damages of the Product and/or the colour of the Product. Any complaints shall be sent in writing to the following email address: email@example.com. The email shall contain a clear description of the complaint, the Consumer's name, the order number included in the order confirmation and the article number of the Product and shall be sent within a reasonable time after the discovery of the defects, but in any case no later than two (2) months after the discovery of the defects.
10.3. Complaints submitted to ER Souliers de Skate will be replied within a period of five (5) Business Days, from the date of receipt of the complaint. The Consumer shall give ER Souliers de Skate all such assistance as ER Souliers de Skate may require for the purpose of examining the complaint. ER Souliers de Skate is only obliged to take complaints into consideration, if ER Souliers de Skate is given the opportunity to verify the complaint.
10.4. In the event of a timely, correct and justified complaint in accordance with this clause 10, the Consumer shall be entitled to either replacement or repair of the defective or non-conforming Product, or an appropriate credit for the purchase price of the Product.
10.5. The Consumer shall return the defective or non-conforming Product in its entirety to ER Souliers de Skate. The return costs are for the account of the Consumer. The defective or non-conforming Product shall become ER Souliers de Skate's property as soon as it has been replaced or credited.
10.6. A complaint that does not meet the requirements set out in this clause 10, shall not be taken into consideration by ER Souliers de Skate, the Product shall be deemed to have no defects and conform to the specifications and does not release the Consumer from any of its obligations under the Agreement.
11.1. ER Souliers de Skate shall in no event be liable to the Consumer for any indirect loss or damage arising out of or in connection with the Agreement, the sale of any Products by ER Souliers de Skate or the use thereof by the Consumer, whether or not such damage is based on tort, product liability, guarantee, statutory duty or otherwise, unless the damage is caused by intent or wilful recklessness of ER Souliers de Skate.
11.2. Notwithstanding anything to the contrary in the Agreement or these General Terms and Conditions, any aggregate liability of ER Souliers de Skate to the Consumer arising in connection with the Agreement or these General Terms and Conditions, under any theory or ground whether in contract, tort, product liability, guarantee, statutory duty, or otherwise, shall in no event exceed the invoice value of the Product concerned (unless the damages is caused by intent or wilful recklessness by ER Souliers de Skate or its managerial staff).
12. Force majeure
12.1. ER Souliers de Skate shall not be liable for any failure or delay in performance if such failure or delay results from interruptions in the Product's manufacturing process or if such failure or delay is caused by force majeure, whether or not such force majeure was foreseeable at the time of the Agreement. As a result of such force majeure and/or default by one of ER Souliers de Skate's suppliers, ER Souliers de Skate cannot reasonably be required to execute its obligations.
12.2. In the event that, as a consequence of force majeure and/or default by one of ER Souliers de Skate 's suppliers, ER Souliers de Skate is prevented from fulfilling its obligations to the Consumer, such obligation shall be suspended for the duration of the event of the force majeure and/or default by one of ER Souliers de Skate 's suppliers, the Consumer shall not be entitled to any compensation whatsoever.
12.3. In the event that the force majeure and/or default by one of ER Souliers de Skate’s suppliers extends or reasonably expected by ER Souliers de Skate to extend for a period of three (3) consecutive months, ER Souliers de Skate shall be entitled to cancel the affected Agreement without any liability towards the Consumer.
13. Intellectual property rights
13.1. All Intellectual Property Rights shall remain the exclusive property of ER Souliers de Skate or its licensors. The Consumer acknowledges that it has no right, title or interest in, nor will it acquire or attempt to acquire any Intellectual Property Rights in its own or third parties' name, or for its own or others' behalf or act in any such way that may give the impression to third parties that the Consumer is proprietor of any of these Intellectual Property Rights.
13.2. The Consumer shall not copy any Products or (any part of) the ER Souliers de Skate Website, nor (otherwise) use any Intellectual Property Rights, without ER Souliers de Skate's prior written approval. The Consumer shall not cause or permit anything to be done which may damage or cause detriment to the Intellectual Property Rights, including but not limited to their validity, distinctive character and/or reputation.
13.3. Nothing in any Agreement and/or these General Terms and Conditions shall be construed as conferring any license or granting any rights to the Consumer regarding any Intellectual Property Rights.
ER Souliers de Skate will process personal details of the Consumer in accordance with the privacy statement published on the ER Souliers de Skate Website.
15. Availability of the ER Souliers de Skate e-shop
ER Souliers de Skate does not guarantee that the ER Souliers de Skate website, or any content on it, will always be available or that access will always be uninterrupted. Access to the ER Souliers de Skate Website is permitted on a temporary basis. ER Souliers de Skate reserves the right to suspend, withdraw, discontinue or alter all or any part of the ER Souliers de Skate Website at any time as it sees fit without notice. ER Souliers de Skate shall not be liable for any reason due to which the ER Souliers de Skate Website is unavailable at any time or for any period.
16.1. The invalidity or unenforceability of any provision of these General Terms and Conditions shall not affect the validity or enforceability of any other provision of these General Terms and Conditions. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable. The interpretation of the replacing provisions shall be as close as possible to the intent of the invalid or unenforceable provision.
16.2. ER Souliers de Skate reserves the right to unilaterally amend these General Terms and Conditions at any time. In the event that the General Terms and Conditions have been amended, ER Souliers de Skate will give a notice of this by stating on the ER Souliers de Skate Website that the General Terms and Conditions have been amended, thereby indicating the date of such amendments.
16.3. ER Souliers de Skate may transfer, assign and/or pledge its rights and/or obligations under the Agreement to a third party. This will not affect the Consumer's rights and obligations.
16.4. The Consumer may only transfer, assign and/or pledge his/her rights and/or obligations under the Agreement to a third party upon written approval from ER Souliers de Skate.
17. Governing law and jurisdiction
17.1. These General Terms and Conditions and any Agreement shall be exclusively governed by and construed in accordance with the laws of France
17.2. The competent court in the France, shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these General Terms and Conditions and/or any Agreement
Privacy Statement SARL ER CREATION
Since the details you give us are essential for the processing and delivery of orders, for billing and for the establishment of warranty contracts, failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you.
Communicating false information is contrary to the present General Conditions as well as the conditions of use listed on the Site. In accordance with the "Data processing and Freedoms" law, the processing of your details was the subject of a declaration made before the CNIL (French data protection watchdog). ER Souliers de Skate is authorized to extract, handle and use information that concerns you. This information is the subject of computer processing. ER Souliers de Skate complies fully with all applicable Data Protection and consumer legislation, and will treat all your personal information as fully confidential.
This activity is strictly regulated: The file must be declared to the CNIL under the number 1959544. You have the permanent right to access and rectify all the information that concerns you, in accordance with European texts and national laws in place (article 34 of the law of 6 January 1978). This privacy statement was last amended on the 19th of May 2016.
We use the following data to process orders:
• Name and address
• Telephone number
• Billing address
• Email address
• Payment details
We have a newsletter to inform those interested of our products. Your email address will be added to the list of subscribers with your explicit consent only. Each newsletter contains a link to unsubscribe from our newsletter.
Certain features of our services require you to register beforehand. After your registration we will retain your user name and the personal data you provided so you do not have to re-enter it every time you visit our website, to contact you in connection with the execution of the agreement, invoicing and payment, and to provide an overview of the products and services you have purchased from us. We will not provide the data linked to your user name to third parties, unless it is necessary for the execution of the agreement you concluded with us or if this is required by law. In the event of suspicion of fraud or misuse of our website we may hand over personal data to the entitled authorities. To register on our website we require the following data:
• name and address
• telephone number
• email address
• payment details
To compile analytics, such as how often users visit our website and what pages they visit when they do so, we use Google Analytics. Google Analytics collects the IP address assigned to you on the date you visit the website. We only use the information we get from Google Analytics to maintain and improve our website’s technical performance. We do not combine the information collected through the use of Google Analytics with personally identifiable information.
Social Media Buttons
Our website features social media buttons. These buttons are used by the providers of these services to collect your personal data.
This statement is not applicable to third-party websites connected to this website through links. We cannot guarantee that these third parties will handle your personal data in a secure and careful manner. We recommend you read these websites’ privacy statements before making use of these websites.
We take security measures to reduce misuse of and unauthorized access to personal data. We do keep statistics on our website, giving us access to individual data. However, we only access individual data insofar as necessary for the purposes set out in this statement.
Changes to this Privacy Statement
We reserve the right to modify this statement at all times.
You may at any time, modify this information by mailing firstname.lastname@example.org or accessing your account.