Terms and conditions

I. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

The general terms and conditions of sale (the “GTC”) set out below apply to all orders for products and services placed via the Website (the “Products”) with www.emblem911.com by any person (the “Customer”).

The Customer must read the GTC prior to placing any order (the “Order”), as the GTC are available on the Website.

www.emblem911.com reserves the right to adapt or modify these GTC at any time. The version of the GTC applicable to any sale is the one published online on www.emblem911.com at the time the Order is placed. Consequently, placing an Order requires the Customer’s prior, full and unconditional acceptance of the GTC by clicking the button “I have read and accept the general terms and conditions of sale”.

II. INFORMATION ABOUT THE WEBSITE AND WEBSITE ACCESSIBILITY

www.emblem911.com is an e-commerce website.

In principle, the Website is accessible to all Internet users 24/7, except in the event of an interruption, whether scheduled or not, by www.emblem911.com or its service providers, for maintenance and/or security purposes or in the event of force majeure (as defined below). www.emblem911.com shall not be liable for any damage of any kind resulting from the unavailability of the Website.

www.emblem911.com does not guarantee that the Website will be free of anomalies, errors or bugs, nor that it will operate without breakdowns or interruptions. In this respect, it may freely determine, at its sole discretion, any period during which the Website or its content is unavailable. www.emblem911.com shall also not be liable for data transmission issues, connection issues, or network unavailability.

www.emblem911.com reserves the right to develop the Website for technical or commercial reasons. Where such modifications do not materially and adversely alter the conditions of the provision of services, the Customer may be informed of the changes, but their acceptance will not be requested.

III. REGISTRATION ON THE WEBSITE

To place an Order, the Customer must first register on the Website by creating an account containing the Customer’s information (the “Account”).

The Customer’s registration on the Website is validated by www.emblem911.com after verification of the standard form completed by the Customer.

When creating the Account, the Customer must ensure the accuracy and completeness of the information provided. The Customer must always update their personal information. In the event of an error in the recipient’s contact details, www.emblem911.com shall not be liable for the inability to deliver the Products.

To enable easier and faster registration or login, the Customer may automatically pre-fill the registration form using the “Facebook Connect” option.

For more information on the protection of personal data during collection, processing and use, as well as the rights and optional settings to protect privacy, the Customer may consult Facebook’s privacy policies on www.facebook.com.

By registering on the Website, the Customer represents and warrants to www.emblem911.com that they are of legal age and have legal capacity to contract.

www.emblem911.com may delete the Customer’s Account at any time, for any reason, at its sole discretion.

IV. PRODUCTS

The Products offered for sale are those described on the Website on the date the Customer consults the Website, subject to availability. These indications are updated automatically in real time. However, an update error, whatever its cause, shall not engage the liability of www.emblem911.com. In this respect, www.emblem911.com shall not be liable for the cancellation of an Order due to stock depletion.

www.emblem911.com takes great care in presenting and describing its Products in order to best inform the Customer. However, errors may appear on the Website, which the Customer acknowledges and accepts.

www.emblem911.com does not guarantee the accuracy or security of information transmitted or obtained via the Website.

Following an Order, the Customer may receive an item that was previously returned by another person. It is specified that www.emblem911.com only accepts returns of Products that are intact and unworn; these two conditions are checked before returned Products are put back into stock.

V. ORDERS

Placing an Order on the Website is subject to compliance with the procedure established by www.emblem911.com on the Website, comprising successive steps leading to validation of the Order.

The Customer may select as many Products as desired, which will be added to the cart (the “Cart”). The Cart summarizes the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Cart before validating the Order. Validation of the Order constitutes confirmation of the Customer’s acceptance of the GTC, the purchased Products, their price and associated costs.

A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by www.emblem911.com. For this purpose, the Customer expressly accepts the use of email for confirmation by www.emblem911.com of the content of the Order. Invoices are available in the “my account” section of the Website.

VI. REFUSAL TO PROCESS AN ORDER

www.emblem911.com reserves the right to remove any Product displayed on the Website at any time and to replace or modify any content or information appearing on it. Despite www.emblem911.com’s best efforts to meet customer expectations, it may be required to refuse to process an Order after sending the Customer the confirmation email summarizing the Order.

www.emblem911.com shall not be liable to the Customer or any third party for any harmful consequences arising from the removal of a Product from the Website, the replacement or modification of any content or information on the Website, or the refusal to process an Order after the confirmation email has been sent.

www.emblem911.com also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute regarding payment of a previous order or an objective suspicion of fraud.

VII. PRICES AND PAYMENT TERMS

Product prices are indicated on the Website in euros for Europe, in pounds sterling for Great Britain, and in US dollars for the United States, inclusive of VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier.

All displayed prices are calculated and include the value added tax (VAT) applicable in France or that applicable in the delivery country within the European Union.

www.emblem911.com reserves the right to change its prices at any time, but Products will be invoiced based on the rates in effect at the time the Order is recorded and paid for, subject to availability.

Products are payable in full at the time the Order is placed.

Payments are made either via PayPal or via the secure platform of our payment provider Banque Populaire.

The Customer expressly acknowledges that communicating their bank card number to www.emblem911.com constitutes authorization to debit their account up to the amount of the price of the ordered Products. Where applicable, a notification of Order cancellation for non-payment is sent to the Customer by Benda Bili to the email address provided by the Customer when registering on the Website.

Data recorded and stored by www.emblem911.com constitutes proof of the Order and all sales made. Data recorded by PayPal or Banque Populaire constitutes proof of any financial transaction between the Customer and www.emblem911.com.

VIII. DELIVERY

Deliveries are carried out by La Poste services, Monday to Saturday, depending on the option chosen by the Customer when validating the Order.

Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).

Delivery fees applicable to the Order are those mentioned on the Website at the time of the Order in the “Delivery and returns” section.

Where www.emblem911.com is responsible for shipping the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery.

By way of exception, the risk is transferred to the Customer when the Product is handed to the carrier where the carrier is chosen by the Customer and not by www.emblem911.com.

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the Customer’s home address, that of a natural person of their choice, or a legal entity (delivery to their company).

If Delivery cannot be made due to an incorrect delivery address or failure by the Customer to collect the Order from the selected pickup point or La Poste, no reshipment will be made and the Customer will be refunded within five (5) days from receipt of the Order by www.emblem911.com.

As a general rule, www.emblem911.com delivers Orders within a maximum of twelve (12) business days for Delivery in mainland France and twenty (20) business days for international Delivery, calculated from the first business day following validation of the Order (note that www.emblem911.com does not deliver Products to the following countries: Morocco, Brazil, Taiwan, South Korea, United Arab Emirates).

To ensure these delivery times are met, the Customer must ensure that they have provided accurate and complete information regarding the Delivery address (including, in particular: street number, building, staircase, access codes, intercom names and/or numbers, etc.).

www.emblem911.com shall not be liable for shipping delays not attributable to it or justified by an event of force majeure (as defined below).

If the Delivery deadline is exceeded, the Customer may request cancellation of the sale and obtain, within a maximum of fourteen (14) days from such request, a refund of the sums paid in connection with the Order. Notwithstanding the foregoing, www.emblem911.com shall not be liable for harmful consequences resulting from a shipping delay; only a refund of the Product by www.emblem911.com is possible, to the exclusion of any other form of compensation.

IX. RIGHT OF WITHDRAWAL – REFUNDS AND RETURNS

9.1. Period and procedure for exercising the right of withdrawal

In accordance with Article L.221-18 of the French Consumer Code, a non-professional Customer has a period of thirty (30) days from receipt of the Order to exercise the right of withdrawal with www.emblem911.com, without having to justify the decision.

The right of withdrawal may be exercised either by logging into the customer account in the “order” section, or by using and sending the withdrawal form template appended to these GTC, by mail to: Emblem911 – Returns Department – 46 Rue de la Chèvre – 57000 Metz, France, or by email to info (at) emblem911.com.

9.2. Return procedure under the right of withdrawal

The right of withdrawal is exercised without penalty.

The Customer returns the Order without undue delay and, at the latest, within fourteen (14) days following communication of the decision to withdraw in accordance with Article L.221-21 of the French Consumer Code.

After this thirty (30) day period, the sale is final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. Returns are at the Customer’s expense and risk.

9.3. Refund for Products returned under the right of withdrawal

The refund is made by www.emblem911.com no later than fourteen (14) days from the date it is informed of the Customer’s decision to withdraw.

However, the refund is subject to www.emblem911.com having recovered the Products concerned by the return and refund request.

www.emblem911.com issues the refund using the same payment method used to pay for the Order, unless the Customer expressly agrees to another method. If that payment method has expired, the Customer must contact customer service to change the refund method. This does not generate any costs for the consumer. www.emblem911.com cannot be held liable for a refund made to an expired payment method.

If the Customer does not comply with these GTC, www.emblem911.com may not refund the Products concerned. In all cases, return costs are borne by www.emblem911.com if the Product delivered differs from the Product ordered or is delivered damaged.

X. WARRANTIES – LIMITATION OF LIABILITY

10.1 Limitation of liability

www.emblem911.com’s liability with respect to any Product purchased on the Website is strictly limited to its purchase price. www.emblem911.com shall not be liable, in any event, for the following losses, regardless of their origin:

loss of revenue or sales
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data
loss of working or management time
damage to image/reputation
loss of opportunity, including the opportunity to order a Product
non-material (moral) damage

Documents, descriptions and information relating to Products on the Website are not covered by any warranty, express or implied, except for warranties required by law.

www.emblem911.com provides no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair computer functionality or hinder proper operation, including any transmission arising from downloading content by the Customer, software used by the Customer to download content, the Website or the server allowing access. In this respect, the Customer acknowledges that it is their responsibility to install appropriate antivirus and security software on their computer equipment and any other device to protect against bugs, viruses or other harmful routines.

The Customer acknowledges bearing all risks related to any content downloaded or otherwise obtained through use of the Website and agrees that they are solely responsible for any damage caused to their computer system or any loss of data resulting from downloading such content.

www.emblem911.com is only required to deliver Products that comply with contractual provisions. Products are deemed compliant if: (i) they match the description and have the features presented on the Website; (ii) they are fit for the purposes for which products of that kind are generally designed; (iii) they meet quality and durability standards generally accepted for products of the same type and which can reasonably be expected.

In addition, www.emblem911.com provides consumers with the legal guarantee of conformity and the guarantee against hidden defects for Products sold on the Website under the following conditions:

10.2 Legal warranties

All Products sold on the Website benefit from the legal guarantee of conformity (as defined in Articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), enabling the Customer to return defective or non-compliant Products delivered, free of charge.

Legal guarantee of conformity
Article L217-4 of the French Consumer Code: “The seller must deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for lack of conformity resulting from packaging, assembly instructions or installation where this has been charged to the seller by the contract or carried out under the seller’s responsibility.”

Article L211-5 of the French Consumer Code: “To be in conformity with the contract, the goods must:

Be fit for the usual purpose expected of similar goods and, where applicable:
match the description given by the seller and possess the qualities presented to the buyer as a sample or model;
present the qualities a buyer may legitimately expect in view of public statements made by the seller, the producer or their representative, particularly in advertising or labeling;
Or have the characteristics agreed upon by the parties or be fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller.”

Article L211-12 of the French Consumer Code: “Actions resulting from lack of conformity are time-barred two years after delivery of the goods.”

Guarantee against hidden defects
Article 1641 of the French Civil Code: “The seller is bound by a warranty in respect of hidden defects in the thing sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have acquired it, or would have given a lower price, had they known of them.”

Article 1648 of the French Civil Code: “Actions resulting from redhibitory defects must be brought by the buyer within two years from discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller may be discharged from apparent defects or lack of conformity.”

Under the legal guarantee against hidden defects, www.emblem911.com, at the Customer’s choice and after assessment of the defect, undertakes:

either to refund the full price of the returned Product,
or to refund part of the price if the Customer chooses to keep the Product.

Exclusion of warranties
Products modified, repaired, integrated or added to by the Customer are excluded from warranty. The warranty does not apply to apparent defects. The warranty does not cover Products damaged during transport after Delivery or due to improper use.

10.3 Implementation of legal warranties

Under the legal guarantee of conformity, the Customer:
(i) has two (2) years from delivery to act;
(ii) may choose between repair or replacement, subject to the cost conditions provided by Article L217-9 of the French Consumer Code;
(iii) is not required to prove the existence of the lack of conformity within the two-year period.

The legal guarantee of conformity applies independently of any commercial warranty that may be granted.

The Customer may choose to implement the guarantee against hidden defects within the meaning of Article 1641 of the French Civil Code. In this case, the Customer may choose between cancellation of the sale or a reduction of the sale price pursuant to Article 1644 of the French Civil Code.

For any request relating to legal warranties, the Customer must contact Customer Relations at hello@mistinguett-paris.fr.

These provisions do not exclude the right of withdrawal defined in Article 9 above.

10.4 Consequences of implementing legal warranties

Under the legal guarantee of conformity, www.emblem911.com undertakes, at the Customer’s choice:

either to replace the Product with an identical product, subject to stock availability,
or to refund the Product price if replacement proves impossible.

Under the legal guarantee against hidden defects, www.emblem911.com undertakes, at the Customer’s choice and after assessment of the defect:

either to refund the full price of the returned Product,
or to refund part of the price if the Customer chooses to keep the Product.

10.5 Force majeure

In the event of a force majeure event preventing performance of these GTC, www.emblem911.com shall inform the Customer within fifteen (15) days of the occurrence of the event, by email or registered letter with acknowledgement of receipt. Expressly, force majeure events include, in addition to those usually recognized by French case law: total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, severe weather, epidemics, blockage of transport or supply for any reason, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to marketing methods, computer breakdowns, telecommunications failures including wired or wireless networks, and any other event beyond the parties’ control preventing normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event lasts more than three (3) months, the relevant transaction may be terminated at the request of www.emblem911.com or the Customer, without compensation. The Customer’s failure to pay cannot be justified by force majeure.

XI. RETENTION OF TITLE

www.emblem911.com retains full and complete ownership of the Products sold until full payment of the total price, including principal, fees, taxes and mandatory contributions.

XII. PARTIAL INVALIDITY

If one or more provisions of these GTC are held to be invalid or declared as such under a law, regulation or following a final decision by a competent court, the remaining provisions shall remain in full force and effect.

XIII. NO WAIVER

No tolerance, inaction or inertia by www.emblem911.com may be interpreted as a waiver of its rights under the GTC.

XIV. MEDIATION – APPLICABLE LAW – COMPETENT JURISDICTION

Sales of Products are governed by French law.

If a complaint cannot be resolved amicably by Customer Service, and in accordance with Article L612-1 of the French Consumer Code, the Customer may use the MEDICYS mediation service free of charge, electronically at https://app.medicys.fr/ or by post at: MEDICYS – 73 boulevard de Clichy – 75009 Paris. The mediator’s service may be contacted for any consumer dispute that has not been resolved.

The Customer may also use the European Commission’s online dispute resolution platform at: http://ec.europa.eu/consumers/odr/.

Failing amicable resolution, any dispute relating to interpretation of the GTC, performance or termination of a sale, or interpretation, performance or termination of these terms, shall be submitted, failing amicable agreement, to the legally competent courts.

APPENDIX 1: WITHDRAWAL FORM TEMPLATE

(Complete and return this form along with the order number only if you wish to withdraw from the contract. We also recommend that you specify your order number.)

For the attention of Emblem911 – 46 Rue de la Chèvre – 57000 Metz, France
Email: info @ emblem911.com

I hereby notify you of my withdrawal from the contract relating to the sale of the goods below:
Ordered on …………….. (date of order) and/or received on …………….. (date of delivery)

Name of consumer Customer:
Address of consumer Customer:
Signature of consumer Customer (only if this form is submitted on paper)
Date:

For any information, you can contact Customer Service at info @ emblem911.com

LEGAL INFORMATION

Users are reminded that the confidentiality of correspondence is not guaranteed on the Internet and that it is the responsibility of each Internet user to take all appropriate measures to protect their own data and/or software from possible viruses circulating on the Internet.

I. HOSTING PROVIDER

Planet Hoster

I1. PERSONAL DATA AND COOKIES

In accordance with the provisions of Law No. 78-17 of January 6, 1978 on data processing, files and freedoms, the website was declared to the CNIL (French Data Protection Authority) under number 2039445.

All information in your Account is used solely within the framework of your business relationship with www.emblem911.com. This information is never shared with third parties or resold. Finally, we never hold your banking information. Transactions are fully processed by PayPal or by the secure payment module of our partner Banque Populaire.

The Website uses cookies (connection trackers), of which the user is informed upon arriving on the website. These cookies record information relating to computer browsing on the website. Cookies are installed only after the user’s acceptance; continuing to browse the website constitutes acceptance. The user may object to the use of these cookies by configuring their browser, noting that access to certain services may require prior acceptance of cookies by the user.