Terms of sale
Article 1 - Purpose
These conditions govern the sales by the company EMIA 76 ALL DARIUS MILHAUD 75019 PARIS.
Article 2 - Price
The prices of our products are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping fees.
In the case of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and fees are not the responsibility of EMIA. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and organizations in your country. We advise you to inquire about these aspects with your local authorities.
All orders, regardless of their origin, are payable in euros.
EMIA reserves the right to modify its prices at any time, but the product will be invoiced based on the price in effect at the time of order validation and subject to availability.
The products remain the property of EMIA until full payment of the price.
Please note: as soon as you physically take possession of the ordered products, the risks of loss or damage to the products are transferred to you.
Article 3 - Orders
You can place an order:
Online: www.emia-paris.fr
The contractual information is presented in French and will be confirmed at the latest when your order is validated.
EMIA reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and especially in the event of a supply problem, or in the event of a difficulty concerning the received order.
Article 4 - Validation of your order
Any order placed on the website www.emia-paris.fr implies your full and complete adherence to these General Terms and Conditions. Any confirmation of an order implies your full and complete acceptance of these General Terms and Conditions of sale, without exception or reservation.
All data provided and the recorded confirmation will serve as proof of the transaction.
You declare that you have perfect knowledge of them.
The order confirmation will serve as a signature and acceptance of the transactions carried out.
A summary of the information on your order and these General Terms and Conditions will be sent to you in PDF format via the email address confirmed with your order.
Article 5 - Payment
Validating your order implies an obligation to pay the indicated price.
Payment for your purchases is made by credit card through the secure system CB, Stripe.
The card is only debited at the time of shipment of the order. In the event of split deliveries, only the products shipped are debited.
Article 6 - Right of Withdrawal
In accordance with the provisions of article L.121-21 of the French Consumer Code, you have a withdrawal period of 14 days from the receipt of your products to exercise your right of withdrawal without having to justify reasons or pay penalties.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be of such a nature as to defeat the right of withdrawal.
The return costs are at your expense.
In the event of exercising the right of withdrawal, EMIA will proceed to reimburse the sums paid within 14 days following the notification of your request and via the same means of payment as that used during the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL.
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
The supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer's express prior agreement and express waiver of their right of withdrawal.
The supply of goods or services whose price depends on fluctuations in the financial market outside the control of the professional and which may occur during the withdrawal period.
The supply of goods made to the consumer's specifications or clearly personalized.
The supply of goods liable to deteriorate or expire rapidly.
The supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection.
The supply of goods which, by their nature, are inseparably mixed with other items after delivery.
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market outside the professional's control.
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
The supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications.
Transactions concluded at a public auction.
The supply of digital content not supplied on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of their right of withdrawal.
Article 7 - Availability
Our products are offered as long as they are visible on the website www.emia-paris.fr and within the limit of available stocks. For non-stocked products, our offers are valid subject to availability from our suppliers.
In the event of unavailability of a product after placing your order, we will inform you by email. Your order will be automatically canceled, and no bank debit will be made.
Furthermore, the website www.emia-paris.fr is not intended to sell its products in large quantities. Therefore, EMIA reserves the right to refuse orders for identical items.
Article 8 - Delivery
Products are delivered to the delivery address indicated during the ordering process, within the time specified on the order validation page.
In the event of a delay in shipping, an email will be sent to inform you of any possible consequences on the delivery time indicated to you.
In accordance with legal provisions, in the event of a delivery delay, you have the option to cancel the order under the conditions and modalities defined in Article L 138-2 of the Consumer Code. If you receive the product in the meantime, we will proceed with its refund and shipping costs under the conditions of Article L 138-3 of the Consumer Code.
In the event of deliveries by a carrier, EMIA cannot be held responsible for any delivery delays solely due to the unavailability of the customer after several appointment proposals.
Article 9 - Warranty
All our products benefit from the legal conformity guarantee and the guarantee of hidden defects provided for by articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it can be returned, exchanged, or refunded.
All claims, exchange or refund requests must be made by email within 30 days of delivery.
The products must be returned to us in the condition in which you received them with all elements (accessories, packaging, instructions...). The shipping costs will be refunded to you based on the invoiced rate, and the return costs will be refunded to you upon presentation of supporting documents.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 10 - Liability
The products offered comply with the French legislation in force. EMIA cannot be held responsible for any non-compliance with the legislation of the country where the product is delivered. It is up to you to check with the local authorities the possibilities of importing or using the products or services that you intend to order.
Furthermore, EMIA cannot be held responsible for any damage resulting from the improper use of the purchased product.
Finally, EMIA's liability cannot be engaged for all inconveniences or damages inherent in the use of the Internet network, including a service interruption, external intrusion, or the presence of computer viruses.
Article 11 - Applicable Law in case of Disputes
The language of this contract is French. These sales conditions are subject to French law. In case of dispute, French courts will have exclusive jurisdiction.
Article 12 - Intellectual Property
All elements of the website www.emia-paris.fr are and remain the intellectual and exclusive property of the EMIA company. No one is authorized to reproduce, exploit, redistribute, or use in any way, even partially, elements of the website, whether they are software, visual, or sound. Any simple or hypertext link is strictly prohibited without the express written agreement of the EMIA company.
Article 13 - Personal Data
EMIA reserves the right to collect personal information and data about you. They are necessary for the management of your order as well as for improving the services and information that we send you.
They may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing, and payment.
This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, you have the right to access, rectify, and oppose personal information and data about you, directly on the website.
Article 14 - Archiving Proof
EMIA will archive purchase orders and invoices on a reliable and durable medium, constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.
The computerized records of EMIA will be considered by all parties concerned as proof of communications, orders, payments, and transactions between the parties.