The General Terms and Conditions of Sale detailed below (hereinafter referred to as the “General Terms and Conditions”) govern, to the exclusion of all other conditions, the contractual relationship between any non-professional purchaser of the www.elbe-lb.com website (hereinafter referred to as the “purchaser” or “You”) and the merchant, ELBE LB, a limited liability company with capital of 4,000 euros, registered in the Paris Trade and Companies Register, under number 914 434 931, with corporate office at 11 CITE DES TROIS BORNES 75011 PARIS 11, subject to value added tax under number FR 81914434931- E-mail: contact@elbe.com – Phone number: +33 (0)6 67 04 26 21.

 

The present General Conditions shall be the only conditions applicable and shall prevail over all other conditions, except in the case of exceptional, prior, express and written provisions to the contrary. ELBE LB may modify certain provisions of its General Conditions without prior notice and, consequently, these conditions must be reread before any order is placed on the site www.elbe-lb.com (hereinafter the “Site”).

 

The General Conditions are always accessible on the Site and prevail, where applicable, over any other version or any other contradictory document. These modifications will be enforceable as soon as they are put online and will not apply to contracts concluded previously. Each purchase on the Site is governed by the General Terms and Conditions applicable at the date of the order. The purchaser acknowledges that he/she has read and accepted these General Terms and Conditions by checking the appropriate box before placing an online order. By ticking this box, you agree to abide by the present General Terms and Conditions and the present Conditions of Use.

 

Orders

The buyer may order online, via the online catalog and the order form provided therein.

The ordering process consists of three (3) steps. Once You have chosen Your Products (size, color and quantity) and validated Your order, You must :

create an account or log in if you already have one;

accept the General Terms and Conditions by ticking the appropriate box on the order summary page (entitled “Order Verification”)

choose your preferred method of payment.

Once you have chosen your method of payment, you must proceed to checkout, thus concluding the sales contract between you and ELBE LB.

Any order implies acceptance of the prices and descriptions of the products available for purchase. Any dispute in this respect must be made within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, address errors or other problems with the purchaser's account, ELBE LB reserves the right to block the purchaser's order until the problem has been resolved.

In the event of unavailability of an ordered product, the purchaser will be informed by e-mail.

The order will then be cancelled and, where applicable, reimbursed. The rest of the order will remain firm and definitive.

For any question relating to order tracking, the buyer can refer to the order tracking number received in the order confirmation e-mail, or send an e-mail to contact@elbe-lb.com.

 

Product information

The products governed by these terms and conditions are those which appear on the site and which are indicated as being sold and dispatched by ELBE LB. They are available while stocks last.

ELBE LB products are described and presented as accurately as possible. Nevertheless, ELBE LB cannot be held responsible if these descriptions are characterized by errors or omissions.

Product photographs are not contractual.

 

Prices

ELBE LB reserves the right to modify its prices at any time but undertakes to apply the price indicated at the time of ordering, subject to availability on that date.

Prices are given in euros. They do not include delivery charges, which are invoiced separately and indicated before the order is validated. Prices include VAT applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the price of products in the online store. The price must be paid in full when the order is placed. The sums paid may under no circumstances be considered as deposits or advance payments.

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Payment and electronic signature

The price is payable in full on the day the order is placed by the purchaser.

The following methods of payment are accepted by ELBE LB :

Payment by credit card (Carte Bleue, Visa or MasterCard)

ELBE LB reserves the right to suspend the processing or delivery of any order in the event of refusal of payment by credit card by officially accredited organizations or in the event of non-payment. ELBE LB reserves the right to refuse to make a delivery or to honor an order placed by a purchaser who has not partially or fully settled a previous order or with whom a payment dispute is in progress.

The on-line provision of the purchaser's credit card number and the final validation of an order shall constitute proof of the purchaser's consent in accordance with the provisions of the law of March 13, 2000, and shall constitute :

responsibility for payment of sums due under the purchase order, signature and express consent to all operations carried out.

In the event of fraudulent use of a bank card, the purchaser is invited to send an e-mail to contact@elbe-lb.com as soon as he/she becomes aware of such use.

The bank's authorization server is secured by S.S.L (Secure Socket Layer) encryption to ensure optimum protection of all payment data.

 

Proof of transaction

Computerized registers, kept on ELBE LB computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. Purchase orders and invoices

Return

On receipt of the order, the purchaser must check the conformity of the Products received. Any anomaly affecting the delivery (i.e. missing or damaged Products, damaged packages) must be noted beforehand and imperatively on the delivery slip in the form of handwritten and signed reservations with the carrier.

 

Following this, any anomaly must be reported as soon as possible after receipt of the products to the ELBE LB purchasing department:

 

By letter to ELBE LB, 11 CITE DES TROIS BORNES 75011 PARIS 11

 

By e-mail to contact@elbe-lb.com

 

In the event of a delivery error, the purchaser must submit any claim concerning an error and/or the non-conformity of the nature or quality of the products in relation to the information given on the order form, to ELBE-LB within three working days of delivery . Any claim made after this deadline will be rejected.

Claims may be made by the purchaser by e-mail to contact@elbe-lb.com

Any claim not made in accordance with the regulations defined above and within the time limits set will not be taken into account and will release ELBE LB from any liability to the purchaser.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to ELBE LB in its entirety and in its original packaging to the following address: ELBE LB, 11 CITE DES TROIS BORNES 75011 PARIS 11

ELBE-LB will cover the cost of return shipment. A shipping label will be provided according to the pick-up information provided by the buyer. In the event of abnormal or unreasonable returns, ELBE-LB may refuse to honor any future order.

 

Right of withdrawal

In accordance with applicable legal provisions, the purchaser has a period of fourteen (14) days from receipt to exercise his/her right of withdrawal from ELBE LB, without having to provide any justification or pay any penalty, provided that the product(s) is (are) returned in its (their) original condition, neither worn nor washed, within fourteen (14) days of communication of the decision to withdraw.

Damaged, soiled or incomplete Products will not be accepted.

The Product(s) must be returned in its (their) original inner and outer packaging, to the following address: ELBE LB, 11 CITE DES TROIS BORNES 75011 PARIS 11.

The right of withdrawal may be exercised by contacting the Purchasing Department : contact@elbe-lb.com

ELBE LB is responsible for return shipping costs. Following internal validation of the return request, ELBE LB. Buyer Service will send you by e-mail a prepaid return label to stick on the parcel. If the above conditions are met, ELBE LB will reimburse the buyer for the amount of the order (excluding shipping costs) on the date the products are received by ELBE LB.

 

Warranties

The products sold are covered by a commercial warranty intended to guarantee their conformity and to ensure reimbursement of the purchase price, replacement or repair of the products.

It does not cover occasional defects caused by abnormal or incorrect use or resulting from a cause independent of the intrinsic qualities of the products.

The above provisions are not exclusive of the application of the legal guarantee of conformity provided for in article l. 211-4 of the French consumer code and the guarantee on the thing sold provided for in articles 1641 et seq. of the French civil code.

Transfer of ownership - transfer of risk

The transfer of ownership of the Products to the purchaser will take place after payment of the price by the latter, whatever the date of delivery of the Products.

In accordance with the provisions of article L138-4 of the French Consumer Code, the transfer of the risks of loss and deterioration of the Products will only take place when the buyer takes physical possession of them.

 

Intellectual property

The entire content of the ELBE LB site (illustrations, texts, labels, trademarks, images and videos) is the property of ELBE LB. Any reproduction of all or part of the content by any process and on any medium whatsoever requires the prior and express authorization of ELBE LB. ELBE LB is not authorized to allow You to copy, display or distribute any content for which You do not own the intellectual property rights. Any use of such content in violation of the rights held by third parties constitutes an infringement punishable by severe penalties under the Intellectual Property Code. Under no circumstances may ELBE LB be held responsible for any infringement of the rights held by third parties when this infringement is committed as a result of the user's activity on the website.

 

Miscellaneous provisions

Force majeure

Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions are considered to be grounds for exoneration from the parties' obligations and will result in their suspension.

The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.

"Force majeure” means any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the parties, which cannot be prevented by the parties, despite all reasonable efforts. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the purchasers.

The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts for more than three months, the present terms and conditions may be terminated by the injured party.

 

Partial non-validation

If one or more provisions of these general terms and conditions are held to be invalid or declared null and void in application of a law, regulation or following a final judgment by a competent court, the remaining provisions shall retain their effect and their binding force.

 

Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any specific obligation set out in these general terms and conditions may not be interpreted as a waiver of the obligation in question for the future.