TERMS OF USE

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Preamble

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These general conditions of use (hereinafter, the "T & Cs") detail all the provisions applicable to the products and services offered on the Wix website (hereinafter, the "Site").

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The T & Cs are accessible online on the Site. The customer declares to have read and accepted them, the purchase of products and the use of the services offered by ERICKA implying the customer's express and unreserved acceptance and adherence to these T & Cs as well as, where applicable, to the contractual documents. existing ones supplementing or amending the said T & Cs.

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Article 1: Definitions

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Customer: natural or legal person having full legal capacity when purchasing a Product or using the Services offered by ERICKA and / or natural person (s) user (s) of these same Products and Services under the customer responsibility.

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Contract: these T & Cs as well as all the contractual documents supplementing and / or amending them (special conditions of sale, order form, etc.).

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Physical product: any type of material good that can be offered to the Customer by the company as part of its activity.

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Partner: natural or legal person offering Products through the company.

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Customer Services: all technical, commercial or complaint assistance services made available by the company to its Customers at the following coordinates:

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ERICKA,  lespinceauxdericka@hotmail.com

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Article 2: Purpose

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The purpose of the T & Cs is to define the terms and conditions for the supply of Products and Services offered by the company and / or Products of its Partners to the Customer, in particular in order to allow it to publish, present and market its own products on the Internet and provide for the possibility of payment via the Internet or another payment channel. The T & Cs also determine the terms and conditions for the supply of Products to the company by its Partners.

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Article 3: Online sale

Wix is an online store, offering Services, physical Products and virtual Products developed by the company or its Partners. The financial conditions linked to the sales of Products on behalf of Partners are detailed in article 3.3 of these T & Cs.

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Article 3.1: Order processing

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The Customer declares to have read and accepted these T & Cs before placing his order. The validation of the order therefore implies acceptance of these T & Cs. Unless proven otherwise, the data recorded by the company constitutes proof of all transactions with the Customer.

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The Customer must verify the completeness and conformity of the information provided to the company when ordering, in particular the billing address. The company cannot be held responsible for any data entry errors and the consequences thereof.

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Article 4: payment

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The Customer can pay for his purchases by credit card, PayPal account, check or bank transfer.

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Transfers must be sent to the bank details displayed at the end of the purchase. The company's bank account is domiciled in France and all costs incurred by the transfer are the responsibility of the Customer.

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Beyond ten (10) working days after placing the order and without receiving a transfer of an amount equal to the total of the order, the company may cancel the entire transaction.

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Payments by check should be addressed to the postal address displayed upon finalization of the purchase. The company is domiciled in France and all costs incurred by sending the check are the responsibility of the Customer.

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Beyond ten (10) working days after placing the order and without receiving a check for an amount equal to the total of the order, the company may cancel the entire transaction.

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The company reserves the right to block a transaction while doing anti-fraud checks.

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Article 5: Intellectual property

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The company sells Products for its own account on the Site.  

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Article 6: Limitation of warranty

Article 6.1: Website

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Unless legal provisions to the contrary are in force, the Site and the functionalities offered by the latter are provided as is without any warranty.

The company assumes no responsibility for downloading computer viruses or similar code from the Site.

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The third parties who may speak on the Site are not company spokespersons and their opinions do not necessarily reflect the opinions of the company.

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The company declines all responsibility in the event of loss or theft of a password, identifier, account or information by the user within the framework of the Site. It also declines all responsibility in the event of loss of content or data, or damage related to the use of identifiers by a third party.

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The company declines all responsibility with regard to the misuse, loss, theft, modification or unavailability of any content of its Partners, in particular and without limitation image banks, external resources, modules, videos, as well as the consequences that could result from them.

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Article 6.2: Online sales

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With the exception of the obligations incumbent on it in its capacity as seller (guarantee of hidden defects and guarantee of product conformity) or by virtue of any other legal provision in force, the company assumes no other responsibility.

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The Site can be accessed from all countries without the content being available for the countries in question.

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Article 7: delivery time

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A delivery deadline will be communicated to the Customer before the validation of his order, taking into account the choice of the desired carrier. The applicable delivery times are those indicated during the validation of the order. However, any order paid by bank transfer will only be processed upon receipt of said transfer. Shipping times must be recalculated from the date of registration of this payment method.

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The same is true for any payment by check. Shipping will only take place once the check has been received.

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Article 8: Withdrawal

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Of the physical Products that may be offered hereunder to consumers, the Customer is informed, where applicable, and in accordance with the provisions in force in consumer law, that he has a right of withdrawal that he may exercise within seven (7) days of acceptance of the Contract. In this case, the Customer will not have to justify reasons, nor to pay penalties, with the exception of possible return costs in the event of the sale of physical Products.

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However, the Customer will not benefit from this right of withdrawal in the event that the execution of the supply of products or services has started before the end of the aforementioned period of seven (7) days.  

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The Customer who has exercised his right of withdrawal for a physical Product must return it, in its original packaging and in good condition, to the address given to him by the company.

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Article 9: Refund

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The reimbursement of the products referred to in Article 8 of these T & Cs is made within a maximum period of 30 days following the date on which the right was exercised.

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Reimbursement is made on the company's proposal by crediting the Customer's bank account or by bank transfer addressed to the name of the customer who placed the order.

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If the refund is made in the form of a reduction voucher to be used on a future order, it is valid for 1 year (one year). Beyond this period, the reduction voucher will be canceled.

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Article 10: Obligation to advise

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The purchase of physical Products can be done in a fully automated manner without any action on the part of the company. The company therefore fulfills its obligation to advise:

• Through commercial email support.

• By the presence on the Site of a detailed description of the Product.

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Article 11: Resolution of disputes

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These T & Cs are subject to French law.

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The Parties will endeavor to resolve any dispute relating to the company's services covered by the T & Cs amicably. In the event of a persistent disagreement, the dispute will fall under the exclusive jurisdiction of the Courts of Toulon (France).

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Article 12: Piracy

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Any user of the Site has a duty to report any license violation or improper use of the Products offered by the company.

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In the event of intellectual property infringement by a product offered for sale on the Site by the company, a notification must be made to this effect by e-mail to the company addressed to the following address: lespinceauxdericka@hotmail.com. In the event of abuse, the user will be liable for the costs incurred by the counter-notification.

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Article 13: Personal data

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The information and data of the Customer are necessary for the company for the management of the orders and the commercial relations. They can be sent to companies which contribute to the processing of the order, in particular for online payment. This information is also kept for security purposes and to better personalize the offers made to the Customer. Under the amended law relating to computers, files and freedoms of 6 January 1978, the Customer has the right to access, rectify and delete information concerning him collected by the company within the framework of of its activity. These rights may be exercised directly on the Site or by sending an email to lespinceauxdericka@hotmail.com

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The Customer can choose when creating or consulting his account to receive offers from the company or from partner companies. The Customer can change his preferences at any time on the “personal information” page of his customer account.

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The Site implements an automatic process to place a cookie on the Customer's computer allowing information to be recorded on the browsing of his computer on the Site. The Customer may nevertheless oppose the registration of "cookies" by configuring their internet browser to this effect.

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Finally, the Client admits that the company may be required, in accordance with its legal obligations, to reveal personal data concerning him within the framework of legal procedures (legal requisitions, etc.).

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Article 14: Force majeure

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In view of current technology, the company undertakes to maintain the services offered on the Site in the best possible conditions. However, it cannot be held responsible in the event of an interruption of the Site attributable to a case of force majeure, due to a third party, a Customer, as well as to the uncertainties arising from the technique.

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The responsibility of the company cannot therefore be retained in the event of a breach of its contractual obligations due to unforeseeable and irresistible circumstances beyond the control of the parties.

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The Parties admit, without this list being restrictive, by agreement between them, that, in particular, either force majeure, or fortuitous event, or due to a third party, the damages finding their origins or their causes in: natural disasters, fires, floods, lightning, power surges, strikes, power outages, telecommunications network failures, civil or foreign wars, riots or popular movements, attacks, regulatory restrictions related to the provision of telecommunications services, the loss of connectivity and connection due to public and private operators on which the company depends.

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These cases of force majeure suspend the obligations of the company mentioned in the T & Cs, for the duration of their existence. However, if a case of force majeure had a duration of more than three (3) months, one or the other of the Parties would be justified in terminating their relationship, and this after sending a registered letter with notice. reception, announcing this decision.