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1.1 SCOPE OF APPLICATION
The Products are sold through the ERES Online Boutique directly by ERES US, Inc.
Use of the Sites is subject to these legally binding GTCs and constitutes the agreement of customer (hereinafter “Customer” to be bound by and to act in accordance with these GTCs. These GTCs can be saved and/or printed and are accessible from all the ERES Online Boutique’s websites or web pages. The GTCs may be amended at any time without prior notice to the Customer.
PLEASE NOTE THAT THESE GTCs CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN ERES AND CUSTOMER AND LIMIT ERES’s LIABILITY TO CUSTOMER (SEE “AGREEMENT TO ARBITRATE DISPUTES” BELOW). THESE PROVISIONS SIGNIFICANTLY AFFECT CUSTOMER’S LEGAL RIGHTS, INCLUDING CUSTOMER’S RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR HIS/HER CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
1.2 THE CUSTOMER
Through the ERES Online Boutique, ERES offers Products for sale to non-trade customers, aged over eighteen (18) and with full legal capacity. Products are sold on a retail basis, strictly for personal use.
ERES reserves the right to refuse any order of Products of an abnormal nature, in particular in the event of orders in quantity and/or for amounts which would be reasonably deemed abnormal by ERES in its sole ad absolute discretion.
1.3 ERES ONLINE BOUTIQUE CUSTOMER SERVICES
In case of questions concerning any order, Customers may contact ERES customer services via the link “Contact us”
The ERES Online Boutique is available in English and in Spanish.
The Products offered for sale on the ERES Online Boutique are described and presented as accurately as possible (specifications, illustrations, size, composition, etc.), and ERES takes reasonable steps to ensure the accuracy of the information included in the Sites. However, the Customer should refer to the description of each Product, by clicking on each “Product Description”, to find out more about a Product, particularly regarding the features the Customer is looking for. The Customer will be held solely responsible for choosing and buying a Product ERES takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice.
When applicable, prices displayed on the U.S. portion of the Eres website are shown in U.S. dollars and do not include taxes. Prices are provided for informational purposes and are not binding. Prices remain subject to change without notice,
Prices do not include the delivery costs of the order (hereafter “Delivery Costs”). These Delivery Costs are indicated to the Customer on the review cart page as well as on the order summary page, prior to confirmation and payment of the order.
2.1 ORDER PROCESS
2.1.1 ORDERS PLACED BY THE CUSTOMER DIRECTLY ON THE SITE
The Customer is invited to select the Products and to place them in the purchase cart by clicking on the “Add to cart” icon. At any time, the Customer may consult his order summary by clicking on the icon “See my cart” available on the top right of all ERES Online Boutique pages. At this stage, the Customer can check the details of his order, identify potential mistakes made when entering the data, and modify or remove any Product(s).
After validation of the cart by clicking on the icon “Purchase”, the Customer is asked to choose between three (3) options:
ERES will not be held liable for inaccuracy of information provided by the Customer. The Customer account will allow access to a personal space where Customers can track orders and access invoices.
To finalize his order, the Customer must:
Customer is then invited to pay the final amount of the order by clicking on the icon “Place order” which gives access to secure payment.
The sale is only deemed completed after being confirmed upon receipt of ERES’s e-mail confirming ERES’ approval of the order at the e-mail address provided by the Customer, who formally accepts th use of e-mail for ERES’s confirmation of the order.
ERES reserves the right to refuse a Customer’s order if the order appears to be abnormal, excessive or in breach of the provisions of the GTCs. Similarly, ERES shall not be liable for any disruption in the administrative and/or technical processing of an order on the Site due to a virus, computer bug, unauthorised human intervention or any other cause beyond ERES’s control, or for any strong presumption or any form of fraud, committed in particular by computer, in which case ERES reserves the right to interrupt or cancel the outstanding order. In such cases, the Customer will be informed by email of such order cancellation and will be reimbursed for the price paid prior to the order’s cancellation.
2.1.2 ORDERS PLACED ON BEHALF OF THE CUSTOMER
The Customer may contact either ERES’ Customer Service or a ERES boutique in the United States to request assistance ordering on the Site (“Assisted Orders”). Items ordered can only be delivered to countries referred to in Article 4.1 below.
To place an Assisted Order, the Customer shall instruct either ERES Customer Service or the ERES boutique (collectively the “ERES Associate”) to add the selected Products, on his behalf to the Customer’s “Shopping Cart" on the Site. The ERES Associate will need the following information from the Customer to complete the order on behalf of the Customer:
ERES cannot be held liable for the inaccuracy of the information communicated by the Customer.
Customer may track orders and access invoices on Customer’s online account available on the eresparis.com website.
Once the order has been finalized by the ERES Associates, the Customer receives an order summary via e-mail at the e-mail address indicated by the Customer when placing the order. The Customer is then invited to check the contents of his/her "Shopping Cart", read the GTCs. Customer may finalize the order by placing a secured payment of the amount of his/her order by clicking on the button of the secured link provided in the e-mail.
As further indicated in Article 3 below, Assisted Orders may only be paid by credit card.
The sale will only be considered as final upon receipt by Customer of ERES’s email confirming ERES’ acceptance of the order. For this purpose, the Customer hereby formally accepts the use of his/her e-mail address for confirmation by ERES of the content of the order.
ERES reserves all right, in its sole discretion, to refuse to complete the order. Similarly, ERES shall not be held liable for any disruption of the proper administrative and/or technical processing of an order on the Site by a virus, computer bug, unauthorized human intervention or any other cause beyond the control of ERES. Further, if there appears to be fraud, in any form whatsoever, ERES reserves the right to interrupt or cancel the order. In such cases, the Customer will be informed by e-mail of the order cancellation and will be reimbursed for any sums paid prior to such cancellation by ERES.
2.2 AVAILABILITY OF PRODUCTS
Products are offered while stocks last. Statements about the availability of the Products are provided at the time of the placing of the order on the Product page. If, despite the vigilance of ERES, the ordered Products are no longer available, ERES will inform the Customer by phone call or e-mail, as soon as possible. In such case, no charge will be made In case a payment from the Customer has been already processed, the Customer will be reimbursed for part of the payment corresponding to such unavailable Product(s).
2.3 ORDER CANCELLATION
Once the order is finalized, the Customer cannot modify it.
Products must be paid for in USD.
The Customer is responsible for all applicable taxes, fees and bank charges related to the order.
For all countries, payment of the order shall be made by bank card (Visa, Mastercard, American Express, Diners or Discover), Paypal or ApplePay, with the exception of orders made in accordance with Article 2.1.2 above which can only be paid for by via Visa, Mastercard and American Express exclusively.
ERES has established a secure payment system for any order made on the ERES Online Boutique. Payments (except Paypal) are made via the external platform of a payment service provider –ADYEN – complying with the PCI DSS security standards.
Payment is deemed final when confirmation thereof is sent by the issuer. Should the bank or payment card company reject or deny the payment, the order will be automatically refused and ERES will be released from any obligation and liability vis-à-vis the Customer.
The Customer has the possibility of downloading his invoice from his personal space under the heading “My Orders”. In the event where the customer has not created a customer account, his invoice is available in the section “Follow my Order,“ accessible on the confirmation’s e-mail.
4. DELIVERY AND RECEIPT OF PRODUCTS
4.1 TERMS OF DELIVERY
The ERES Online Boutique delivers to the United States.
ERES delivers the ordered Products at the delivery address as indicated by the Customer (the “Delivery Address”) according to the delivery option selected by the Customer when placing his order. For detailed information regarding delivery options and costs, please consult the dedicated FAQ section in the footer of the ERES Online Boutique home page.
Information on delivery conditions are also available on the “See my cart” as well as the checkout page, before payment. No delivery will be made by ERES if the complete payment of the order is not possible.
Customers is responsible for any consequences (late delivery, impossibility of delivery, Products returned to ERES, extra transport costs, etc.) resulting from any incorrect and/or incomplete delivery indications as provided by the Customer and/or the Customer’s absence at the time of delivery.
ERES shall use best efforts to dispatch the Products to the Customer as soon as possible after the Customer places his order, in accordance with the delivery option selected by the Customer when placing his order. Notwithstanding the above, in any event shall delivery not exceed thirty (30) business days from receipt of the order confirmation, subject to Product(s) availability as indicated to the Customer at the time of the order. In the event of Customer absence or in case of delay during the delivery, the Customer shall contact the Customer Service as soon as possible via the section "Contact us" in the footer of the ERES Online Boutique home page. In case of late delivery, the Customer may either request (i) a new estimated delivery date or (ii) cancel the order and receive a full refund.
4.2 RECEIVING PRODUCTS
The risks attached to the Products are transferred to the Customer upon delivery, that is, when the Customer (or any third party as designated by the latter) physically takes possession of the Products.
Upon delivery, the Customer must verify the conformity and the state of his order in the presence of the carrier and issue, if need be, all the necessary reservations regarding any apparent defects (missing product, damaged parcel). Moreover, it is up to the Customer (or any third party as designated by the latter) to check the number and condition of the Products when they are delivered by the carrier.
If the received parcel is open or obviously damaged, or if any of the Products in the parcel are damaged or missing or do not match the order, the Customer (or any third party as designated by the latter) should refuse the parcel or the Products concerned and make any customary written reservations, on the carrier’s delivery note, in as much detail as possible (parcel open, parcel or item(s) damaged or missing or not matching the order, etc.).
In any event, the Customer also undertakes to notify ERES forthwith via the section "Contact us", in order to allow ERES to conduct an investigation with the carrier and/or seek recourse from the carrier within the period specified by the applicable regulations, where appropriate.
If a Product is missing or is refused or returned by the Customer in such circumstances, ERES will either refund the amount corresponding to the Product(s) concerned within 14 days or reship the damaged or missing Product(s).
For avoidance of doubt, the above provisions do not preclude the Customer’s rights to withdrawal, as stated in Article 5 below, or the Customer’s benefit of the statutory warranties given, as stated in Article 8 below.
4.3 PRODUCT RETURN
The Customer benefits from a right of withdrawal allowing Products to be returned to ERES, with no reason given, under the conditions set out in Article 5 below.
For any other reason for return other than the right of withdrawal (non-compliant or damaged product, mistake in the content of the order, etc.), the Customer is invited to contact customer services of the ERES Online Boutique which will provide the necessary information to meet this request as soon as possible and to make another delivery if needed.
5. RETURN POLICY
5.1. RETURN POLICY
The Customer has the possibility to return one or several unworn Product(s) from his order within thirty (30) days from the day of receipt of the order (as proved by the date indicated on the receipt of the carrier signed by the Customer).
To return its Product(s), the Customer has to proceed as follows:
Product(s) must be returned in new, unworn condition with all labelling in their original packaging. In the event of alteration of the Product resulting from handling other than that necessary to establish the nature and/or conformity of the Product, the characteristics or the proper functioning of the Product, ERES reserves the right to refuse the reimbursement or replacement of the Product. ERES will not proceed to any reimbursement shall the Products returned by the Customer do not correspond to the Product(s) ordered or has an origin other than the ERES Online Boutique.
Products cannot be returned in an ERES physical boutique or any third-party point of sale selling ERES’ Products.
5.2 REIMBURSEMENT OF THE ORDER
ERES will reimburse the Products returned in accordance with the conditions stipulated in sections 5.1 and 5.2, as well as the Delivery Costs paid by the Customer by crediting the bank card or the online means of payment which has been used to make the initial payment. In the event of partial return of the Products, the Delivery Costs will not be reimbursed by ERES.
The reimbursement will be made by ERES within a maximum period of fourteen (14) days following the earliest of the following dates: (i) the date of receipt of the returned Product(s) by ERES or; (ii) the date on which the Customer has provided the proof of the sending of the Products.
6. AFTER-SALES SERVICE
Products ordered in the ERES Online Boutique may only be returned or exchanged through the ERES Online Boutique. Product returns or exchanges cannot be accepted at a physical ERES boutique or at any other point of sale in which the ERES Products are sold.
7. DISCLAIMER / LIMITATION OF LIABILITY
Use of and browsing in the Sites are at Customer’s own risk. Neither ERES nor any party representing or otherwise affiliated with ERES in creating or presenting the Sites are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of Customer’s use of the Sites, except where such liability or damage is the result of ERES’s own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Sites is provided to Customer on an "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement.
ERES is not liable for any breach of one of its obligations in case of (i) force majeure, (ii) the Customer's act or omission or (iii) an unforeseeable and insurmountable act of a third party or an obstacle outside of ERES' control that ERES could not reasonably foresee at the time when the contract was entered into with the Customer and which consequences ERES cannot reasonably avoid or overcome.
8. STATUTORY WARRANTIES
8.1 CONFORMITY AND HIDDEN DEFECTS
The Customer shall verify the Products received are as ordered and, in the event of a non-conformity or defect under the relevant statutory warranties, shall contact ERES Online Boutique Customer Services which will provide the necessary information relating to the return of Products and replacement or refund.
8.2 DISCLAIMER OF WARRANTY
If the Products returned by the Customer do not correspond to the Products ordered or originated from a place other than the ERES Online Boutique, ERES will not be bound by its obligations described in Articles 8.1 above.
Any applicable statutory warranties do not cover damage or defects resulting from an external cause (accident, knock, etc.) or from the Customer’s misuse, or non-compliant use of the Products with regards to Products characteristics.
Similarly, the present clause does not apply if the Products were not purchased on the ERES Online Boutique, as statutory warranties are binding on the seller from which the Products were purchased.
9. PERSONAL DATA
10. AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW
WE BOTH AGREE TO ARBITRATE.
10.2 NO CLASS ACTIONS.
The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on a basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between Customer and ERES alone. Claims may not be joined or consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. CUSTOMER UNDERSTANDS THAT BY AGREEING TO THIS ARBITRATION PROVISION CUSTOMER IS WAIVING HIS/HER RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, OR A CLASS ACTION. If Customer initiates a litigation or any other proceeding against ERES in violation of this paragraph, and ERES is the prevailing party in any such litigation or proceeding, Customer agrees to pay ERES’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
10.3 REPRESENTATIVE PAGA WAIVER.
Notwithstanding any other provision of these Terms or the Agreement to Arbitrate, to the fullest extent permitted by law: (1) Customer and ERES expressly intend and agree not to assert a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both Customer and ERES agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether Customer has personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of these Terms, this Agreement to Arbitrate, or the Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from these Terms; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Agreement to Arbitrate or the requirement that any remaining Covered Disputes be arbitrated on an individual basis pursuant to the Agreement to Arbitrate; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Covered Disputes to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Covered Disputes, the Parties agree that litigation of those Covered Disputes shall be stayed pending the outcome of any individual Covered Disputes in arbitration.
10.4 EXCEPTIONS TO ARBITRATION.
This Agreement to Arbitrate shall not require arbitration of the following types of Covered Disputes (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the Federal Arbitration Act (9 U.S.C. sec. 1-16).
10.5 OPT-OUT OF AGREEMENT TO ARBITRATE.
Customer can reject this Agreement to Arbitrate by emailing ERES at firstname.lastname@example.org and providing the requested information as follows: (1) Customer’s Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Customer’s Address; (4) Customer’s Phone Number; (5) and clear statement that Customer wishes to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date Customer first accepts the Terms by using the ERES Sites.
THIS LEGAL STATEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in this Legal Statement, Customer irrevocably submits and consents to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. Customer agrees not to raise the defense of forum non conveniens.
If any term of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
ERES may change these Terms at any time by posting changes on the Sites. Any changes are effective immediately upon posting. The continued use of the Sites constitutes Customer’s agreement to any revised Terms.
BY USING THE SITES, CUSTOMER SIGNIFIES HIS/HER UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE GENERAL TERMS & CONDITIONS OF SALE.
LAST UPDATED: JANUARY 2021
© ERES, 2020 All Rights Reserved
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