Legal notice CGU & T & Cs – Etikway.com
I. GENERAL CONDITIONS OF USE - T & Cs - BUYERS
To use the Service, the Purchaser must agree to be bound by these General Conditions of Use of the Purchaser (hereinafter “Purchaser T & Cs”) without restriction or reservation. This acceptance is justified by a validation click at the time of purchase. Sales made via the Service between Buyers and Sellers are governed by the General Conditions of Sale of the MarketPlace Service (hereinafter, "GTCS"), which must also be accepted by the Buyer at the time of each purchase, and which supplement the these Buyer T & Cs. Etikway invites you to discover the CGVS by clicking on the General Conditions of Sale.
The purpose of these Buyer T & Cs is to define the conditions under which Etikway marketplace makes available to Buyers, as part of the Service, technological tools enabling the purchase of Products from Sellers.
2. Description of the service
The Service consists of a set of tools which allow Buyers to register on the Site, to contact Sellers to order Products, to pay the price of Products, to confirm receipt of Products and to communicate with them via a message service tool available to you. The Service also includes an evaluation system which allows the Buyer to assess the quality of his relations with the Sellers. The operations carried out through the Service in the context of the purchase of the Products are concluded directly between the Buyer and the Seller.
Etikway marketplace is in no way a reseller of the Products offered by the Sellers via the Service. Consequently, the Products purchased via the Service cannot be returned or exchanged by the Etikway marketplace or by stores of the Etikway brand. However, in a constant concern to improve the quality of its services and in order to allow a better selection of its partners, Etikway marketplace invites you to send any comments and suggestions that it intends to bring to your knowledge on the quality of the operations carried out. through the Service. For this purpose, we provide this form, click here. In the event of non-compliance with these Buyer's General Conditions of Use, Etikway reserves the right to temporarily or permanently suspend access to the Service by the Buyer concerned. Each buyer undertakes to make his purchases in good faith.
3. Access to the service
Access to the Service by Buyers is reserved for strictly personal use. The Purchaser declares to act as a consumer (in the definition given by the Law on Consumer Protection - Law No. 24/96 of July 31) in a private capacity when using the Service. In addition to accepting these Purchaser T & Cs, access to the Service is subject to the opening of an account on the Site. For this purpose, the Purchaser must provide the data which will allow his identification. When opening this account, the Purchaser undertakes to provide only exact information, any modification thereof must be made to the account or by using the form provided for this purpose and to inform Etikway marketplace of any immediate modification, using the message sending tool made available to you as part of the Service. To use the Service, the Buyer must use his email address and password created when opening his account. The Buyer undertakes to keep them secret and not to disclose them to any third party. In the event of loss, misappropriation or fraudulent use of your e-mail and / or password, the Purchaser undertakes to immediately inform Etikway marketplace customer service.
4. Price of the service
The opening of an account and the use of the Service are free (with the exception of any connection costs depending on your electronic communications operator), with no obligation to purchase on the Site. Only the purchase of Products from Sellers is expensive, under the conditions provided for in the GTC.
5. Personal data
The information and data relating to the Purchaser are processed by Etikway marketplace and, unless otherwise specified, are essential to ensure the management of your account and access to the Service. The personal data provided will only be used for the following purposes:
(i) Execution and management of the purchase and sale contract or the provision of services;
(ii) Order processing;
(iii) Communication with clients and clarification of doubts;
(iv) Processing of requests for information;
(v) Handling of complaints, regulatory proceedings, pre-litigation proceedings or the exercise of rights in legal proceedings;
(vi) Statistical analysis activities;
(vii) Verify, maintain and develop statistical systems and analyzes;
(viii) Direct marketing communications (if you have consented to the processing of your personal data for this purpose);
(ix) Prevention and fight against fraud;
(x) Request feedback on products or services purchased;
(xi) Carrying out satisfaction surveys;
(xii) Management and participation in events, recreation and campaigns;
The information necessary for delivery will be sent to the Seller for this sole purpose. Under the terms of the legislation in force on the protection of personal data, the Buyer can exercise at any time his rights of access, rectification, deletion, limitation, opposition and portability, by requesting it by the one of the following:
• Mail: Etikway - 49 Rue de Ponthieu - 75008 Paris
• E-mail: firstname.lastname@example.org
• Telephone: +33 679764930 (0.11 € / min - fixed network | 0.16 € / min - mobile network, after the first minute of billing the second) office hours from 9 am to 11 pm every day.
The Buyer's personal data will only be kept for the period necessary to achieve the objective which motivated their collection. You may receive information on our company's offers based on the choices made when creating or viewing your account. If you do not wish to receive more information about offers from us, you can inform us at any time via "My Account".
6. Intellectual property
6.1 - All texts, comments, works, illustrations, works and images reproduced or represented on the Site are protected by copyright as well as intellectual property, for the duration of the protection of these rights and for the world whole. Consequently and in accordance with the provisions of the Code of Copyright and Neighboring Rights, private use is only authorized, without prejudice to different and perhaps more restrictive provisions of the Code. Any reproduction, representation, alteration or total or partial adaptation of the Site and / or all or part of the elements present on the Site or which are incorporated therein is absolutely prohibited.
6.2 - Certain Products are subject to personal and specific rights of use which regulate copies, public broadcasts, rentals, etc. The Purchaser must comply with the contractual conditions applicable to these Etikway Products and cannot be held responsible for any use that may be made of these Products in this context.
6.3 - Etikway will not be responsible for any violation of copyright and related rights of products sold on MarketPlace, under the terms of applicable legislation.
The responsibility of Etikway marketplace towards the Purchaser can only be engaged by facts which are directly attributable to it and which cause to the latter a damage directly related to these facts. The responsibility of Etikway marketplace cannot be called into question by indirect losses. Likewise, Etikway marketplace cannot be held responsible for the incorrect use of the Service by the Purchaser or for any error on his part, nor for facts attributable to a third party to the Service. In addition, in accordance with the provisions of Articles 11 et seq. Of Decree-Law No. 7/2004 of 07.01, as amended by Decree-Law No. 62/2009 of 10.03 and Law No. 46/2012 of 29.08, which has transposed Directive 2000/31 / EC of the European Parliament and of the Council, of June 8, 2000, into French law, concerning certain legal aspects of information society services, in particular electronic commerce, on the internal market, Etikway marketplace is exempt from any liability concerning the content made available on the Site by Buyers or Sellers, in particular with regard to the description of the Products or the assessments that the Buyers make of the Sellers, unless this does not remove or render not impossible to access this information as soon as you become aware of the respective illegality, under the aforementioned legislation.
Finally, Etikway marketplace declines any responsibility concerning the sales concluded by the Buyers via its Sellers Service, of which it has absolutely no knowledge. Any complaint concerning the comments contained in the description of the Product or the deliveries of the Products will be transmitted to the indicated Seller, who will assume full responsibility. The Buyer is solely responsible for the use he makes of the Service, namely the evaluations he makes on the Sellers' Site and undertakes to guarantee compensation and indemnity from Etikway marketplace on the first request. for any damage, loss or loss of profit that Etikway marketplace may suffer if responsibility is attributed to it by a third party due to any operation inherent in this use of the Service by the Buyer.
8. Partial invalidity
In the event that one or more provisions of these Purchaser T & Cs are declared invalid or declared as such by application of the law or of a final decision rendered by a competent court, the remaining provisions will remain valid and effective.
9. Applicable law
This T & Cs buyer, as well as the purchase and sale contracts concluded by virtue of these, are subject to French law. Any dispute concerning its interpretation and / or execution is subject to the jurisdiction of the French courts.
II. General Conditions of Use by Sellers
1. Description of the Service
The Service consists of a set of tools allowing Sellers to get in touch with Buyers, in order to offer them Products for sale, to reference and describe these Products, to accept orders placed by Buyers, to collect the price of the Products purchased and to manage the after-sales service for the Products sold. Transactions made via etikway.com for the purposes of selling the Products are concluded directly between the Buyer and the Seller. etikway.com is in no case a reseller of the Products offered by the Sellers through the site. Furthermore, in the event of non-compliance with these Seller Terms and Conditions, we reserve the right to temporarily or definitively interrupt access to the Service for the Seller concerned, by suspending or terminating these terms and conditions under article 7.
2. Access to the service
In addition to the acceptance of these Seller Terms, access to the Service is subject to the opening of an account on etikway.com. For this, you must provide the data allowing your identification as well as your contact details. When opening this account, You agree to provide only accurate information, then to inform the etikway.com platform without delay of any change affecting them via the email address: email@example.com
To use the Service, you must use the username and password created when opening your account. You agree to keep them secret and not to disclose them to any third party. In fact, you will be solely responsible for access using your username and password, unless proof of fraudulent use is not attributable to You. In the event of loss, misappropriation or fraudulent use of your username and / or password, you agree to immediately notify the sales department at the following email address: firstname.lastname@example.org
3.The obligations relating to transactions carried out through the etikway.com
3.1. General obligations
The Seller must identify himself to the Buyers as acting or not acting as a professional. He expressly undertakes to identify himself as acting as a professional Seller as soon as he makes sales of Products through the Marketplace, on a regular basis and for ethical economic activity. The Seller, who acts as a professional, undertakes to comply with the legislation applicable to the exercise of a commercial activity (in particular registration, accounting, social and tax obligations). He also undertakes to comply with the laws1 2and regulations which fall to him in his capacity as a professional with regard in particular to the Products which he sells on the Site. The seller undertakes to implement all means in order to optimally meet its obligations by providing quality service to the Buyers. In particular, he undertakes to respond to buyers' emails within 2 working days of their receipt.
3.2. Obligations relating to product offers on etikway.com
The Seller agrees and guarantees that he will only sell Products which he owns or over which he has the rights allowing him to sell them. It guarantees that they do not in any way contravene the laws, regulations in force and applicable standards, mandatory or not and that they do not infringe the rights of third parties. The Seller is prohibited in this respect in particular from selling any Product consisting of infringing works within the meaning of the Code, intellectual property or any Product the marketing of which is regulated under legislative, regulatory or contractual provisions (in particular due to the existence of a selective distribution network). The Seller is solely responsible for the sale of the Products he offers on the Service.
On the description associated with the Product offers it offers on etikway.com, the Seller undertakes to act in good faith and to respect sustainable rules, ethical and eco-friendly charter of etikway.com. It is solely responsible for the accuracy of the information contained therein and undertakes that they do not risk misleading potential Buyers, both on the characteristics of the Product, the associated guarantees, as on its condition or prices, which must be identical to those displayed on the brand's official website. The Seller must communicate to buyers all the information allowing them to know the essential characteristics of the Product which he has (composition of the Product and / or the batch, the legal guarantees, the methods of their implementation, or any other contractual conditions etc.).
The Seller further undertakes that the illustrations / visuals provided in the description associated with the offers of Products that he offers (photography, drawing, etc.) comply with the Products thus illustrated and respect the rights of third parties and that they do not undermine public order or morality. He guarantees, through his registration on the etikway.com platform that he has rights, in particular intellectual property rights, relating to these illustrations, which allow him to use them in order to present the Products.
3.3. Product price obligations
The selling price of the Products is freely defined by the Seller, in compliance with the laws and regulations in force. However, with respect for the consumer, you are asked to advertise the same prices as those that you post on your own commercial website. This price must be mentioned on etikway.com all taxes and fees included (including VAT, packaging costs, eco-tax etc.), but excluding delivery costs, the latter being mentioned directly on the product sheet.
3.4. Obligations relating to the sale of Products
The sales contracts for the Products offered by the Seller on etikway.com are concluded between the Seller and the Buyer. The Seller is informed by email or via his seller interface and in his etikway.com account when a Product he has placed online has been ordered by a Buyer. The Seller must then confirm the order concerned as soon as possible or within 2 working days. The confirmation of the order by the Seller implies for the Seller, a firm commitment to send the Product (s) within the time limit referred to in paragraph 3.5 (v) below. In the absence of a response from the Seller within the time limit to which reference is made in the preceding paragraph, the sales contract will be automatically canceled.
3.5. Obligations relating to the delivery of Products
The description associated with each Product presented on etikway.com will indicate the delivery methods proposed for the delivery of this product. But also, the preparation time. Indeed, it is imperative to quote the time of creation / preparation of the order (mention well during the creation of the product sheets if you create on demand, and, depending on it, the time necessary for their realization). The Seller has the obligation to respect the delivery method chosen by the Buyer. The delivery costs are offered directly by the Seller, when creating his offer on the etikway.com website. The Seller must send the buyer a delivery slip for the Product purchased. The professional Seller must attach to the delivery of the Product a purchase invoice or any other document allowing the Buyer, if necessary, to exercise his warranty. The Seller undertakes to take all the necessary care for the packaging of the Products ordered so as to prevent the Products from being damaged during transport. The Product travels at the Seller's risk and expense.
3.6. Obligations relating to product disputes
In general, the Seller undertakes to implement, in good faith, all the means necessary to fulfill its obligations by providing quality service to Buyers. At any time, the Buyer has the possibility of contacting the Seller, of sending any request, complaint relating to the Products ordered by using the messaging tool made available within the framework of the Service, in particular to assert its guarantees when they are in class. In the event of a Buyer's complaint concerning a Product, including when the Seller is informed of the said complaint through the information tool made available to him in the Service and / or by sending an email of etikway.com, the Seller makes it his personal business to resolve the dispute between him and the Buyer. Disputes are settled directly between the Buyer and the Seller.
In case of exercise of the right of withdrawal by the Buyer, etikway.com, in its capacity as a trusted third party, will reimburse the amounts paid (including delivery costs) at the latest within 30 days from the date on which the right was exercised by the Buyer. The reimbursement will be made by the same means of payment used by the Buyer (by crediting the bank card). This amount will then be deducted from the amounts owed by etikway.com to the Seller for sales of the Products. etikway.com reserves the right, with regard to Sellers, to suspend or terminate these terms and conditions under the conditions provided for in article 7 in the event that 3 the Seller reaches a claim rate greater than 10% of its orders from the opening your account.
4. Financial Provisions
For each order of Products received by a Buyer, etikway.com will receive from the Seller a commission equal to 15% inclusive of tax, with each purchase on the Marketplace, shipping costs included. Etikway company is member of 1% For The Planet agrees to pay 1% to this foundation. The monthly subscription is 29 Euros / month for 25 products. Other memberships are also possible depending on the number of products in your catalog. Etikway.com will transfer to the Seller the total amount of the price of the order considered, after deduction of the 15% commission, after confirmation by the Buyer of receipt of the Product (s) purchased. Payment will be made by transfer to the bank account whose contact details have been provided by the Seller in "My Account" after said confirmation.
5. Evaluation of Sellers
etikway.com provides Buyers with means enabling them to assess the performance of Sellers after confirmation of receipt of the ordered Product, thus allowing Buyers to select Products from the most serious Sellers and who best comply with the conditions of use of the Service. The appraisal is carried out according to evaluation criteria and by the allocation of stars. For Sellers who have made at least 5 sales since opening the account, etikway.com reserves the right to temporarily or permanently interrupt access to the Service of the Seller, the evaluation of which would be less than 3.5 / 5, in suspending or terminating these conditions under the conditions set out in article 7. An exchange with the seller will be initiated before any provisional or final decision on the part of etikway.com.
6. Suspensions / Termination
These General Conditions of Use are concluded for an indefinite period. Each Party may therefore terminate the T & Cs at any time without having to justify it subject to compliance with a notice period of 2 months. In case of breach by the Professional Seller of any of its obligations, etikway.com may after formal notice sent by any means remained ineffective for a period of 15 days, terminate this Contract by simply sending a letter recommended with acknowledgment of receipt. In the event of a serious and / or repeated breach by the Seller of its obligations or affecting its accounts, such as in particular and without this list being exhaustive: fraud, abusive language, counterfeiting, infringement of the rights of third parties (…), etikway.com may terminate these Terms without notice and without the Seller being able to claim any compensation.4
7. Personal Data
The information and data relating to any natural person representing the Sellers is processed by etikway.com; unless otherwise stated, they are essential for managing the Seller's account and its access to the Service. In accordance with the law known as "data processing and freedoms" of January 6, 1978, the Seller has a right of opposition, access, rectification and deletion on the personal data concerning him, under the conditions provided for by law. To exercise them, the Seller must write online to this address or by mail to Etikway.com – Etikway - Leman Finance - 49, rue de Ponthieu - 75008 Paris, mentioning his name, surname, e-mail address and his Seller identifier. In accordance with the regulations in force, any request made in this capacity must be accompanied by a photocopy of an identity document bearing the signature of the applicant and specify the address to which the response must be sent. A response will then be sent within a maximum of 3 months following receipt of the request.
With regard to data relating to orders for Seller's Products collected as part of the Service, etikway.com will inform Buyers that they are intended solely for the use and optimization of the etikway.com marketplace and that the necessary information upon delivery of the Products will be transferred, for this sole purpose, to the Seller. The Seller irrevocably undertakes not to use the personal data of the Buyer which will be transmitted to him by etikway.com only for the purposes of the delivery of the Products and to allow him to fulfill the legal obligations attached thereto. He undertakes not to keep any copy of it as soon as he has dispatched the Product (s) ordered. Any other use, rental, sale, resale or copy by the Seller is prohibited. In order to fight against fraud (non-delivery of customers, unpaid invoices, etc.) or inadequate behavior by the Seller (complaints, poor evaluations or insufficient satisfaction rate, etc.) and thus assure Service Users of optimal quality of service, the data Personal data of the Seller collected on the site are processed by etikway.com to determine the level of risk of fraud and trust associated with the Seller account. The messages exchanged between the Seller and the Buyer through etikway.com are kept by etikway.com and can be used to prove inappropriate behavior of the Seller.
8. Intellectual property
8.1 - All texts, comments, works, illustrations, works, images reproduced or represented on etikway.com are strictly reserved under copyright law as well as intellectual property, for the entire duration of protection of these rights and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized. Any reproduction or representation, in whole or in part, of etikway.com or of all or part of the elements found on the etikway.com is strictly prohibited.
8.2 - The corporate names, brands and distinctive signs reproduced on the etikway.com Websites are protected under trademark law. Reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to the prior written authorization of the trademark owner.
8.3 - Certain products are subject to personal and specific use rights regulating copies, public broadcasts, rentals. You must respect the general conditions of sale of these products and etikway.com cannot be responsible for the uses which could be made of the Products in this context.
The Seller guarantees and will indemnify etikway.com on first request against any damage suffered by etikway.com and against any liability action which would be brought against etikway.com because of the violation by the Seller of any right whatsoever. third party, including a Buyer, that this damage results from the sale of Products, from the use made by the Seller of the Service, or from any other fact attributable to him. The responsibility of etikway.com towards the Seller can only be engaged for facts which would be directly attributable to it and is in any event limited to the amount corresponding to orders placed in the previous month. It cannot be engaged for indirect prejudices, in particular the loss of chance to sell Products in the event of unavailability of the Service. Neither can Etikway.com be held responsible for the improper use of the Service by the Seller. etikway.com declines all responsibility with regard to sales concluded between Sellers and Buyers through its Service. Any complaint relating to the Products (description, delivery, conditions of use, etc.) brought to the attention of Etikway.com will be transmitted to the Seller concerned, who will assume full and sole responsibility.
10. Partial invalidity
In the event that one or more of the provisions of this CGU Seller are declared invalid or declared as such by application of the law or by a final decision rendered by a competent court, the remaining provisions will remain valid and effective.
11. Applicable law / Mediation / Attribution of jurisdiction
This CGU seller is subject to French law. In the event of a dispute between Etikway France and the Seller arising from the provision of the Service, including complaints that cannot be resolved by the internal complaints handling procedure referred to in Article 6-A above, each party may make call for mediation in order to settle the dispute amicably. Recourse to mediation is optional and any attempt to reach an agreement through mediation for the purpose of resolving disputes, under the terms of this article, does not affect the rights of Etikway France and the Seller to sue against any time, before, during or after the mediation process. Any dispute concerning its interpretation and / or execution is subject to the jurisdiction of the Portuguese courts. In the event of a dispute between Etikway France and a Seller, the courts of the District of Paris will have jurisdiction despite the possible existence of several defendants or the intervention of third parties, including within the framework of a protective procedure.
III. General Conditions of Sale Etikway.com MarketPlace
These General Conditions of Sale (hereinafter the "GTC") also apply, with regard to Buyers, Buyers CGU and, with respect to Sellers, Sellers CGU, in which the terms in capital letters used in these GTC. The T & Cs apply to all sales of Products made via the Service between the Seller and the Buyer. The GTC govern the relations between Sellers and Buyers of Products, with the exception of those between Buyers and Etikway France or between Sellers and Etikway Portugal. The relations between the buyers and Etikway France are regulated by the Buyer CGU. The relations between the Sellers and Etikway France are governed by CGU Seller.
Etikway France is not the seller of the Products acquired via the Service provided by the platform; only the Seller, whose name is indicated on the description of each Product, is the Buyer's co-contractor for the purchase of said Products. The Products cannot therefore be returned to or exchanged against Etikway France or against a store with the Etikway badge.
1. Conclusion of the purchase and sale contract between the buyer and the seller
These GTC are subject to French law.
1) The Products are presented on the Site with a description allowing the Buyer to know the respective essential characteristics and their price.
2) The Buyer selects the Product (s) he intends to purchase.
3) Confirm your choice of Product (s) and read and accept these GTC by clicking on the button.
4) The Buyer pays for the Product (s).
5) The Buyer receives an e-mail confirming the acceptance of his order. However, the purchase and sale contract concluded between the Buyer and the Seller is subject to the resolving condition of availability of the Product.
6) The Seller is informed by Etikway France that one or more Products that he has placed online have been the subject of an order.
7) The Seller undertakes to confirm and / or confirm the availability of the Product (s) ordered by the Buyer within 2 (two) working days following receipt of the information as provided for in No. 5) above.
If the same Product is ordered by several Buyers at the same time, and depending on the availability of this Product (rare, unique, second-hand product), it will be sold to the first Buyer who registers and pays his order. The order placed by the remaining buyers will be canceled.
8) Once the order has been validated or confirmed by the Seller, an email is sent to the Buyer to inform him of the shipment or the cancellation of the order.
9) In the event of total or partial confirmation of the order by the Seller, the resolving condition forming part of the purchase and sale contract concluded between the Buyer and the Seller does not exist, thus assuming the Seller the definitive commitment to send the order within the time limit without prejudice to the applicable legal exceptions. At this time, the value of the order will be debited, the only exception being the payment by ATM reference, previously made. In the absence of confirmation of the availability of the Product (s) within the period provided for in point 7) above, the contract concluded between the Buyer and the Seller is automatically terminated and each party is released from its obligations. However, only the contract of sale of the unavailable Product (s) is covered by this resolution.
10) In the event of confirmation of the availability of all or part of the Products ordered by the Purchaser, said Products are shipped by the Seller under the conditions provided for in article 3.
11) The Buyer must confirm: Receipt of the product (s) Conformity of the same (s) (the conformity of the product is understood to correspond to what has been ordered) Product status (which corresponds to the description on the Site at the time of purchase) in "My Account". In the absence of confirmation, the Product is presumed to have been received in good condition within 21 (twenty-one) days from the respective shipping date. This clause is without prejudice to the provisions contained in Decree-Law n ° 67/2003 of 08.04 with the modifications introduced by Decree-Law n ° 84/2008 of 21.05, mentioned in the appendix.
12) The Buyer is invited to assess the Seller's performance under the conditions provided for in article 7.
2. Price and payment
The purchase price of the product is determined by the seller. The price is indicated in euros all taxes and costs included in the description sheet, but excluding delivery costs, which are added before the validation of the order in accordance with the table indicated in article 3 below. Payment for purchases made via the Service is made to Etikway France, which receives the corresponding amount, in the name and on behalf of the Seller.
3. Shipping terms and costs
The following delivery methods are offered to the Buyer, under the conditions defined below: Normal delivery Delivery with tracking Delivery against signature For any Product with a value less than or equal to € 25.00 (VAT included), the delivery method is at the Buyer's choice. For any Product with a value greater than € 25.00 (VAT included), delivery will be compulsory with tracking or against signature. The Seller may not provide the normal mode of delivery regardless of the price of the Product. In this case, you must expressly indicate this reservation in your Seller account. In the absence of any indication, the criteria for choosing the delivery methods mentioned in the previous paragraphs will apply. The Seller has the obligation to respect the delivery method chosen by the Buyer among the conditions offered by the Seller.
Etikway France may, at the request of the Seller, authorize the provision of other delivery methods in addition to those mentioned above. The delivery costs of the Products are calculated as follows:
Upon acceptance of the order, the Seller undertakes to send the Purchaser the Product (s) ordered. The Products are sent to the address in mainland France indicated by the Buyer in “My account” and shipped under the conditions chosen at the time of your order. It is therefore up to the Purchaser to verify that the information that he communicates to Etikway France for this purpose is and remains correct and that they allow him to receive the products that he purchases on the Site. The products are shipped at the expense and risk of the seller. Orders placed through the Marketplace service cannot be delivered to ETIKWAY stores.
4. Free right of withdrawal
Under the terms of the legislation in force, in the context of a purchase made from a Seller, the Buyer has a period of 14 (fourteen) days from receipt of the Product (s) ordered. (s) to exercise, with the referred Seller, his right of free withdrawal without payment of compensation and without it being necessary to indicate the reason. In the event of exercise of the right of free withdrawal within the aforementioned period, only the price of the Product (s) purchased and the shipping costs are reimbursed. The return costs are the responsibility of the buyer.
The Product (s) must be returned in its original and complete condition (packaging, accessories, instructions for use, etc.) packaged in the same way as in the shipping period. thirty (30) days after receipt. Under the applicable legal conditions, the right of free rescission cannot be exercised in relation to audio and video recordings, disks and computer programs for which the Buyer has withdrawn the guarantee and inviolability seal. The Buyer exercises his right of free cancellation directly with the Seller concerned via the messaging tool made available to him as part of the Service. The reimbursement of returned products is made by Etikway.pt to the Buyer as soon as possible and within 30 (thirty) days from the date of exercise of the right of free withdrawal.
5. Disputes - Complaints
Without prejudice to the guarantees indicated in article 6 below, the Purchaser has the possibility to indicate in the section “My Account”, within 21 (twenty-one) days after shipment of the Product, any complaint relating to the Products ordered, by application according to Criteria: Product not received: the product has not been received by the buyer. Non-compliant product: the product received does not correspond to the product ordered.
Damaged Product: The product received is damaged or broken. Disputes are resolved directly between the Buyer and the Seller, possibly via the messaging tool made available to them on the Service. The Buyer and the Seller will make their best efforts to allow an amicable resolution of the dispute. Depending on the case, the dispute may result in the re-shipment of the ordered Product or the refund.
In accordance with the applicable legal provisions concerning the conformity of the goods with the contract or with hidden defects and in particular in accordance with the legal provisions indicated in the appendix to these GTC, defective products or products not corresponding to the order will be reimbursed. The products must be returned to the seller in the state in which they were received with all the elements (accessories, packaging, instructions for use, etc.). These guarantees are without prejudice to the right of free withdrawal provided for in article 4.
7. Vendor rating
Etikway France provides Buyers with the means that allow them to assess the performance of Sellers after confirmation of receipt of the Products ordered, thus allowing Buyers to select the Products from among the Sellers who best meet the conditions of use of the service. The evaluation is carried out by applying evaluation criteria and by assigning one star (s) by the Buyers. To this extent, Etikway France does not carry out any inspection of the evaluation made by the Buyers, which is limited to storage on the Site. Etikway France may however decide to eliminate, without prior notice, any assessment whose content has been indicated as being of an illegal nature. The evaluations made by the Buyer as well as his pseudo are visible to any visitor to the Site. Etikway France reserves the right to temporarily or definitively interrupt access to the Seller's Service whose valuation is less than 4 (four), to suspend or terminate the Service under the conditions defined in the Seller's T & Cs.
8. Personal data
In addition to the provisions of Article 6 of the Buyer T & Cs and the provisions of Article 8 of the Seller T & Cs, the Buyer and the Seller are informed that the data collected as part of the Service when placing orders is processed by Etikway France for this purpose of processing said orders. The information and data of the Buyers concerning the delivery are communicated by Etikway France to the Sellers for the sole purpose of allowing them to ship the Product (s) ordered. In no case can they be used for other purposes. Each Seller only has access to the personal data provided by the Buyers of his Products to Etikway France at the time of the order. The sellers undertake to ensure the security of the personal data that they keep for the purposes of processing and tracking orders. In the event of a problem related to the processing of this data, the Buyer and the Seller can go directly to Etikway France under the conditions defined, as the case may be, in the Buyer T & Cs or the Seller T & Cs.
The Site is subject to a security system: Etikway France has adopted the SSL encryption process but has also reinforced all interference and encryption procedures to more effectively protect all sensitive data relating to the means of payment used on the Site.
10. Partial invalidity
In the event that one or more of the provisions of these GTC are considered invalid or declared as such by application of the law or by a final decision of a competent court, the remaining provisions will remain valid and effective.
11. Applicable law
These general conditions are subject to French law. Any dispute concerning its interpretation and / or its execution is the responsibility of the French courts. Attachment Article 2 of Decree-Law n ° 67/2003 of 08.04 republished by Decree-Law n ° 84/2008 of 21.05
1 - The seller has the duty to deliver goods to the consumer that comply with the purchase and sale contract. 2 - Consumer goods are presumed not to comply with the contract if one of the following facts occurs:
a) They do not conform to the description made by the seller or do not have the qualities of the good that the seller has presented to the consumer in the form of a sample or model;
b) They are not suitable for the specific use for which the consumer intended them and which the seller informed when concluding the contract and which he accepted;
(c) Not suitable for the uses usually given to goods of the same type;
d) Not present the usual qualities and performances of products of the same type and which the consumer can reasonably expect, taking into account the nature of the good and, possibly, public statements on its specific characteristics made by the seller, the producer or its representative, in particular in advertising or labeling. 3 - A lack of conformity within the meaning of this article is not considered to exist if, at the time of the conclusion of the contract, the consumer becomes aware of this lack of conformity or cannot reasonably ignore it or if it results from materials supplied by the consumer.
4 - The lack of conformity resulting from a bad installation of the consumer good is assimilated to a lack of conformity of the good, when the installation is part of the purchase-sale contract and has been carried out by the seller, or under his liability, or when the product, which should be installed by the consumer, installed by the consumer and the improper installation is due to inaccuracies in the assembly instructions. Article 3, No. 1 of Legislative Decree No. 67/2003 of 08.04 republished by Legislative Decree No. 84/2008 of 21.05
1 - The seller is liable to the consumer for any lack of conformity existing at the time the goods are delivered to him. Article 5, n ° 1 of Decree-Law n ° 67/2003, of 08.04 republished by Decree-Law n ° 84/2008, of 21.05 1 - The consumer can exercise the rights provided for in the preceding article when the lack of conformity manifests itself within a period of two or five years from the delivery of the good, depending on whether it is, respectively, movable or immovable. Article 913 of the Civil Code 1. If the thing sold suffers from a dependence which devalues it or prevents the achievement of its destination, or does not have the qualities assured by the seller or necessary for the achievement of this end, it will be observed, with the necessary adaptations. , that prescribed in the previous section, to anything that is not modified by the provisions of the following articles. 2. When the contract does not lead to the purpose for which the thing sold is intended, the normal function of things of the same category will be taken into account.
Article 914 of the Civil Code
The buyer has the right to require the seller to repair the item or, if necessary and it is fungible in nature, to replace it; but this obligation does not exist if the seller was blamelessly unaware of the dependence or the lack of quality from which the thing suffers.
Article 916, paragraphs 1 and 2 of the Civil Code
1. The buyer must report any defect or quality defect to the seller, unless the latter has used it intentionally.
2. The denunciation shall be made within thirty days after the finding of the defect and within six months after delivery of the item. Decree-Law No. 7/2004 of January 7 Decree-Law n ° 7/2004, of January 7 (hereinafter "DL n ° 7/2004"), is intended to transpose Directive n ° 2000/31 / CE of the European Parliament and of the Council of June 8, 2000 , regulating electronic commerce, leaving only a few questions open, such as: tax matters, competition discipline, the regime for the treatment of personal data and the protection of privacy, judicial sponsorship, gambling and notarial or similar activity.
According to article 13 of DL n ° 7/2004, the intermediary service provider is obliged to the competent entities to immediately inform when they become aware of illegal activities which take place through the services they provide; to respond to requests for identification of recipients of services with whom they have storage agreements; comply promptly with determinations aimed at preventing or ending a breach, in particular to suppress or prevent access to information; and provide lists of owners of websites they host, upon request. According to article 14 of this DL n ° 7/2004, if the intermediary service provider is only in charge of the activity of transmitting information on a network, or providing access to a communication network, without any intervention on the content of the messages transmitted, is exempt from any liability for the information transmitted.
However, under the terms of Article 15, the common liability regime will apply if the intermediary service provider does not proceed according to the usual rules of the sector, such as: updating information and using technology, taking advantage of it to obtain data on the use of information; or even, in cases where the provider learns that the information has been removed from the original source or access made impossible, or that a court or administrative body having jurisdiction over the provider who is the source of the information has ordered such deletion or impossibility of access with immediate feasibility and the supplier does not withdraw it or immediately makes access impossible.
However, in the case of primary storage, Article 16 determines that the intermediate supplier is only responsible, in common terms, for the information it stores if it is aware of an activity or information of which the intermediary illegality is manifest and does not immediately remove or prevent access to this information. Also applicable, the rules of common responsibility whenever the recipient of the service acts under the responsibility of the supplier or is controlled by him. DL nº 7/2004 aims to determine the liability regime for intermediary service providers. More specifically, it aims to establish the conditions of irresponsibility of these service providers in view of the possible illegality of the messages they broadcast. Article 1 of Decree-Law No. 238/86 of August 19, amended by Decree-Law No. 42/88 of February 6
Information on the nature, characteristics and guarantees of goods or services offered to the public on the national market, whether contained in labels, packaging, prospectuses, catalogs, user manuals or other means of information, or provided at points of sale or disseminated by any advertising medium must be provided in French. Article 2 of Decree-Law No. 238/86 of August 19, amended by Decree-Law No. 42/88 of February 6 In the event that the written information is drafted in one or more foreign languages when selling goods or services on the national market, its full translation into French is mandatory and, as the case may be, the translated text must be affixed to the labels or packaging or added to the information carriers mentioned in the previous article.
Article 3 of Decree-Law No. 238/86 of August 19, amended by Decree-Law No. 42/88 of February 6 Without prejudice to having a version in one or more foreign languages, contracts the object of which is the sale of goods or products or the provision of services on the internal market, as well as the issuance of invoices or receipts, must be written in French or English. Article 4 of Legislative Decree No. 238/86 of August 19, amended by Legislative Decree No. 42/88 of February 6
1 - The obligations provided for by this law prevent, on the internal market, the manufacturer, the packager, the provider of services and any other agent carrying out activities of wholesale or retail trade.
2 - The control of compliance with the obligation to provide information in French will be carried out when the good or service is made available to the consumer without prejudice to the liability of the other economic agents referred to in the previous paragraph.