TERMS AND CONDITIONS
OVERVIEW:
Erotokritos Designs Ltd. is confided to the company THE OTHER STORE for the creation and management of this website. All products (hereafter, Products) bought on the website www.erotokritos.com are sold through the company THE OTHER STORE to physical clientele, not to commercial buyers. All customers (hereafter, Customer) must be of 18 years of age or older and with the full legal capacity to navigate the website fully. Henceforth, the Customer and THE OTHER STORE will collectively be referred to as “Parties”.
This website can be accessed on the Internet using the following address: www.erotokritos.com (hereafter, Website).
The Other Store Company (hereafter, The Other Store) is a simplified stock company of 100,200 euro. The headquarters are located at 13, Rue Duvivier, Paris, France 75007 (Chamber of Commerce company identification number R.C.S. Paris 508 514 494). The Other Store acts on behalf of retail websites, encompassing the daily activities and back-office duties of its customers as well as stressing the importance of product sales online.
The current Terms and Conditions govern without limitation the Products realized by The Other Store since the creation of www.erotokritos.com.
The Other Store reserves the right to modify at any time this website and thus change the Terms and Conditions without notice. As of the day of purchase, all buyers agree to the Terms and Conditions posted and are legally bound to all regulations posted within.
Any Product order transactions that take place on the website imply that the Customer is subject to the regulations set forth in this legal notice.
ARTICLE 1. PURPOSE
The Terms and Conditions govern the rights and obligations of the Parties resulting from online Product sales and transactions on the website www.erotokritos.com.The Terms and Conditions of this website verify that Customers receive a confirmation email of their orders and/or are showed on the webpage at the checkout payment acceptance. Product order confirmations act a legally binding contract between the Parties.
ARTICLE 2. PRODUCTS
As a retail website, Erotokritos offers its displayed products online for purchase. The Other Store, acting as client Customer Service representatives, is at the disposal to the Customer for any questions or concerns about the website or for product availability. Customer Service is available by e-mail (service-client@erotokritos.com) and by telephone [+33 1 49 95 93 57] Monday through Friday 9:00-12:30 and 2:00-6:00pm.
If in the case Erotokritos cannot complete the entire Customer order due to Product unavailability after an order has been placed, the Customer will be notified by email within 4 days of the Product order.
In the case of Product unavailability, the Customer has the right to:
- Ask for Products to be delivered when available and be reimbursed for all shipping costs previously paid during the Product Order
- Cancel the Product order and be reimbursed for the item price, taxes, and initial delivery cost for the unshipped items
- Ask that a Product of the same quality and price be delivered (within available stock limits)
All refunds will be made using the same form of payment that was initially used by the Customer on the website.
At this time, product refunds are only applicable to Customers residing in metropolitan France, Corsica, Monaco, and Andorra.
Photos representing Products on the website have no contractual value but characterize the reproduction of the Product in terms of shape, color, and size. The descriptions of Products on the website represent to the fullest degree possible their true characteristics.
ARTICLE 3. PRICE
The currency for each item is indicated in the Product price. The Product price is shown before checkout with sales taxes included. During the checkout process, the total price will be shown including taxes and shipping costs.
In France, the Value-Added Tax is used. However, additional taxes may be applied for different countries.
All Shipping and Handling charges are communicated to the Customer during the checkout process and before the final order has been placed. The Shipping and Handling costs must be paid by the Customer and are supplemental expenses on top of the Product price.
The Customer Credit Card is charged immediately after the order is completed.
The property of Products is only transferred to the Customer after receiving complete payment for the Order.
After Product delivery, the Customer assumes all risks of loss, deterioration, or damage to the Product.
ARTICLE 4. PRODUCT AVAILABILITY
The Other Store reserves the right to not accept a Customer Product order in the case of:
- Abnormal or excessive complaints from the Customer
- Excessive or abnormal Product returns
- Existing legal dispute(s) with the Customer
In order for Product orders to be completed and shipped, the Customer must pay the stated Product price and all sales taxes and delivery costs.
The Customer must pay for the Product order online by credit card (Visa, Eurocard, Mastercard, American Express) and agree to the Terms and Conditions set forth in this article.
Payment authorization is made during the checkout process in order to validate and complete the Product order. The Other Store reserves the right to begin a second attempt to complete the checkout process in case of server unavailability during the first attempt.
In case of fraudulent credit card use with The Other Store, contact The Other Store Customer Service Department at the following number +33(1) 49 95 93 57 Monday – Friday 9:00-12:30 and 2:00-6:00pm or by email at : service-client@erotokritos.com.
In the case of Product unavailability, the Customer has the right to
- Ask for Products to be delivered when available and be reimbursed for all shipping costs previously paid during the Product Order
- Cancel the Product order and be reimbursed for the item price, taxes, and initial delivery cost for the unshipped items
- Ask that a Product of the same quality and price be delivered (within available stock limits)
At the conclusion of the checkout process, a confirmation email of the Product order is sent within 24 hours to the email address provided by the Customer.
The confirmation email order is kept in The Other Store’s records for any future questions or problems that may occur. The Customer accepts in these Terms and Conditions that the confirmation email acts as contractual proof between the Parties.
ARTICLE 5. SHIPPING AND HANDLING
The Other Store makes every effort to ensure that a product is shipped by mail within 3 working days after Product order confirmation in France (Continental and Corsica) and Monaco. European countries will be shipped between 4 and 7 days.
Every Product purchased on the website should be received within 30 working days of purchase. All Product orders will be shipped to the address provided during the checkout process.
All orders placed after Friday at 3:00pm and during the weekend will be handled the following Monday. Orders made on holidays will be handled the next working day.
In case The Other Store do not fulfill an order request within 30 working days, not justified by any sort of a major incident and we are at fault, the client can ask that the sale be rendered void according to the L. 114-1 Code and obtain a refund of the sum paid.
In case of a major incident, the delivery cannot be guaranteed. Such an incident will be in accordance to the definition determined by the French Tribunal courts.
Delivery is guaranteed by independent delivery carriers.
ARTICLE 6: ORDER DELIVERY
On the delivery date, the customer must verify that the order contents are correct and are his own.
Any delivery abnormalities are considered as follows:
- Damaged Parcel
- Missing Item/Product
- Damaged Item/Product
- Wrong Item Received
In accordance to the Terms and Conditions, the Customer must notify The Other Store within 10 working days after receiving the damaged or wrong Product in order to be considered for any sort of refund.
This notification can be sent to the Customer Service Department :
- By mail at the following address: 100 rue de la Folie Méricourt, Paris, France 75011
- By Email at service-client@erotokritos.com.
At the expiration of this of 10 day time frame, no complaints concerning orders will be taken into account. Items will be considered correct, and no refunds will be given.
If the Customer notifies The Other Store within the allotted time frame of lost/damaged/incorrectly shipped items, the Customer may recieve :
- A Product replacement
- An order refund (excluding taxes and shipping charges), which would be received at the latest 30 days after the Client notifies the Customer Service Department at The Other Store of lost or damaged goods
The Other Store asks that all damaged items or wrong orders be returned. The cost of exchanging damaged or wrong items will be at the cost of The Other Store. All wrong orders must be returned using the original packing and include the item Return Order Form and original receipt to the following address:
The OTHER STORE
Service Retour
100 rue de la Folie Méricourt
75011 Paris
France
Any abnormal, excessive, or abusive return requests will not be refunded.
ARTICLE 7: RETURN POLICY
We gladly accept returns for items made within 10 business days of the delivery date.
In order to receive a refund, please follow these instructions for Returns:
- Fill out the Return Order Form , include the reason for return, and attach the original receipt. Without the original package, the original receipt, and the Return Order Form completed, we regret that we cannot accept your return.
- Please log into your Customer Account, go to My Orders section and fill out the Return Order form, include the reason for return, and attach it to your order. Without the original package, and the Return Order Form completed, we regret that we cannot accept your return.
- Products must be sent back with the price tag and all accessories included. We will not accept washed, worn, or damaged items.
- All return items should be shipped using delivery confirmation in case of product loss in the mail
- The Customer must pay for all return shipping costs.
Your return request can take up to 30 days to process. If the conditions above are fulfilled, your order will be refunded (item price and the initial shipping cost). The product return will be placed back on the credit card on file.
ARTICLE 8: PERSONAL INFORMATION
The Other Store must collect certain information from the Customer in order to complete Purchases.
The information below is intended only for internal usage:
- Any actions taken concerning the Purchase order by the Customer
- Any communication between the Parties to inform the Customer about Purchase order status or concerning Customer preferences
Customer information may also be passed to the partners of The Other Store or to third parties of EROTOKRITOS Designs Ltd. in the following instances:
- To insure Product order delivery and to offer post-sales Customer Service
- To gather Customer information using Customer Satisfaction Surveys
- To communicate any website usage statistics in order to improve the website
The Other Store may pass on Customer Personal Information to third parties in the case of company sale, transfer of assets, company reorganization, or liquidation of sales.
In accordance with local laws, Customers or any other visitors to the website agree that The Other Store can communicate any of the data mentioned above to the legal authorities in order to uphold company and employee rights. The Other Store has taken precautions to ensure the safety and security of its files and computer system as well as protect Customer Personal Information from unauthorized third parties.
Customer Personal Information is stored at the host website in France (Please see our LEGAL NOTICE section).
According to the law “Informatique et Liberté” as of January 6, 1978, the Customer has the right to access, rectify, modify, delete or change any data that he has placed on the Website.
This website is registered with the Commission Nationale de l’Informatique et des Libertés (CNIL) under N 1351361.
The Customer can exercise his rights by contacting The Other Store at the following address:
(Please clarify Customer Name, email, and mailing address)
www.erotokritos.com
100 rue de la Folie Méricourt
75011 Paris
France
email : service-client@erotokritos.com
The Customer can also modify Personal Information in the Customer Account, accessed through a login name and password.
All transactions made on the Website are protected through our secure payment partner Ogone.
Credit card security and personal information are protected because we use the data encryption system Secure Sockets Layer (SSL). Using this system, third parties cannot access your information because your information is encrypted. Financial information is not stored on the Website.
Ogone verifies that the browser connection of the Customer is secure before sending financial data for Order Payment.
Ogone acts only as a secure, technical provider and is not connected to any purchase order information. Any financial questions regarding Product purchases should be directed to Eurotokritos.com or the Customer’s bank.
Article 9. Cookies
In order to process Product Orders faster and easier, The Other Store uses Cookies. Through the use of Cookies, The Other Store can track user preferences and thus, further customize the website for the Customer.
Cookies are IT files stored in the hard disk of the Customer’s computer that state each time the customer visits the website.
Cookies record the Customer’s time of the visit, the Customer identity (through Member Logins), and items purchased. This information is stored for 30 days and then completely erased from the database.
The Customer can choose to not allow Cookies to be used by changing the settings in the Internet browser. However, the Customer then loses all website preferences and customization through the use of Cookies.
ARTICLE 10: GUARANTEES
According to Article 1641 and the following Civil Codes, The Other Store makes a commitment to either deliver the Product requested to the Customer or exchange the Product for another of similar quality and price (as stock availability allows) due to Product defect, etc.
All Products sold by The Other Store benefit from the legal guarantees in Articles L. 211-4 and the Consumer Code ensuring Product normality and use.
Article L211-4 Consumer Code
The seller delivers in compliance with the stated contract and resolves all requests regarding Product defects and problems during delivery. The seller also answers to problems concerning defects, poor packaging, assembly instructions, or installation.
Article L211-5 Consumer Code
To be in accordance to the contract, the Product must
1. Correspond to all appropriate qualifications for Product use
• Match the description given by the Seller and possess the qualities presented to the Buyer in the form of a sample or model
• Product characteristics must correspond to what the Customer expects due to advertisements and public statements from the seller, manufacturer, and their representatives.
2. The 2 Parties must agree on the Product characteristics defined. If the buyer uses the Product for any other purpose other than the designated purpose of design, the seller must be notified and agree to this new Product use.
Article L211-12 Consumer Code
Any actions taken two years after the delivery of a defective Product cannot be considered and are rendered void.
Article 1641 Civil Code
The seller guarantees to sell products with no hidden defects that affect the normal usage of a product or that render a product useless. Thus, this permits the buyer to purchase a product fairly instead of seeking other measures for acquiring the product at a lower price or not acquiring the product at all.
Article 1648 From Paragraph 1 of Civil Code
Complaints about any problems that wish a result of a voided sale must be made within two years from the discovery of the problem.
ARTICLE 11: APPLICABLE LAW
If one of the above clauses in the Terms and Conditions is deemed null and void, illegal, or unenforceable by court order, the other clauses enclosed are still be in effect.
These Terms and Conditions are interpreted and executed according to French law.
In the case of legal disputes, the Customer must first notify The Other Store in attempt to reach an amicable solution. If no solution can be reached between the Parties, the tribunal courts will be used to find resolution between the two Parties.
