General Terms and Conditions of Sale
Version: 5.0
Article 1 – IDENTITY AND CONTACT DETAILS OF THE SELLER
ESTEBAN BOUTIQUE
ZAC Descartes – rue du perpignan
CS 40014 LAVÉRUNE
34433 SAINT JEAN DE VÉDAS CEDEX - FRANCE
Tel.: +33 (0)4 67 07 05 20
Fax: +33 (0)4 67 07 05 25
Email address: serviceclients@esteban.fr
Simplified Joint-Stock Company (SAS) with a capital of 532,550 Euros - Siret 424 724 714 - EEC Identification - FR 02424 724 714.
Article 2 – PURPOSE
The purpose of these General Terms and Conditions of Sale (hereinafter the "GTC") is to define the terms and conditions of sale of the Products offered by ESTEBAN (hereinafter the "Products") via its website www.esteban.fr (hereinafter the "Website"). ESTEBAN requests that the Customer read these GTC carefully, as well as the Privacy Policy and the Cookies Policy, all of which are available on the Website.
The customer (hereinafter the "Customer") purchases the Products for strictly personal use only. Consequently, they are prohibited from purchasing the Products for resale or any other professional, commercial, industrial, artisanal, or freelance use, unless expressly accepted by ESTEBAN. The Customer therefore acknowledges that they are a consumer and agrees not to trade in the Products.
Similarly, the Products are not intended to be used for advertising, communication, or promotional purposes for any activity or cause. Any order placed by the Customer implies full and unconditional acceptance of the GTC, which they acknowledge having read. Therefore, only the provisions of these GTC shall prevail between ESTEBAN and the Customer, to the exclusion of all other provisions.
IF THE CUSTOMER DOES NOT WISH TO BE BOUND BY THE GTC, THEY MUST NOT PLACE ANY ORDERS.
ESTEBAN reserves the right to modify its GTC at any time, without notice. The new version of the GTC applies to orders placed from the moment it is posted on the Website. ESTEBAN therefore recommends that its Customers regularly review the latest version of the applicable GTC before placing an order. These GTC were last updated on the date indicated at the top.
Article 3 – PRODUCTS
3.1 Characteristics
The essential characteristics of the Products marketed by ESTEBAN are described on the website www.esteban.fr. The Products offered comply with current legislation and the standards applicable in the countries of delivery. ESTEBAN does not provide spare parts for its Products. It is understood that our Products must be stored, handled, and used according to our instructions, within an appropriate timeframe, and in compliance with standard safety rules. ESTEBAN invites the Customer to carefully read the information on the products, the user manuals, and the safety warnings.
3.2 Availability
Products are available for purchase while stocks last. When a Customer places an order on the Website, they are informed of the availability of the Products they wish to order. Nevertheless, in the event that a Product ordered by the Customer subsequently becomes unavailable, ESTEBAN will inform the Customer by email within a short timeframe. Consequently: - if all the Products in the order are unavailable, the order will be automatically cancelled and the Customer's bank account will be credited no later than 14 (fourteen) days following the placement of their order; - if only some of the Products in the order are unavailable, the Customer may choose to replace the missing Product, maintain their order, or cancel all or part of their order.
3.3 Quantity
www.esteban.fr is a retail website.
ESTEBAN does not intend to sell the Products offered to the Customer in quantities exceeding the usual quantities intended to satisfy the Customer's private needs. Consequently, ESTEBAN reserves the right to refuse orders that are excessive in volume or frequency.
Article 4 – LEGAL GUARANTEES AND COMMERCIAL WARRANTY
4.1 Legal guarantees
The Products are covered by the legal guarantee of conformity provided for in Articles L. 217-3 to L. 217-20 of the French Consumer Code and the guarantee regarding hidden defects of the item sold under the conditions provided for in Articles 1641 to 1649 of the French Civil Code. It is specified that ESTEBAN is responsible for the legal guarantees mentioned above.
4.2 Commercial warranty
The commercial warranty refers to any contractual commitment by a professional towards the consumer for the reimbursement of the purchase price, replacement, or repair of the good, in addition to their legal obligations to ensure the conformity of the good and the absence of hidden defects. No commercial warranty is granted by ESTEBAN.
4.3 Implementation procedures for legal guarantees
The Customer has a period of two years from the delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the Customer is only required to establish the existence of the lack of conformity and not the date of its appearance. The legal guarantee of conformity entitles the Customer to the repair or replacement of the good within thirty days of their request, free of charge and without major inconvenience for them. If the good is repaired under the legal guarantee of conformity, the Customer benefits from a six-month extension of the initial warranty.
If the Customer requests the repair of the good, but the seller mandates replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The Customer may obtain a reduction in the purchase price by keeping the good or terminate the contract by receiving a full refund upon return of the good, if:
1° ESTEBAN refuses to repair or replace the good;
2° The repair or replacement of the good takes place after a period of thirty days;
3° The repair or replacement of the good causes major inconvenience for the Customer, particularly when they permanently bear the costs of taking back or removing the non-conforming good, or if they bear the installation costs of the repaired or replacement good;
4° The lack of conformity of the good persists despite ESTEBAN's unsuccessful attempt to bring it into conformity.
The Customer is also entitled to a reduction in the price of the good or to the rescission of the contract when the lack of conformity is so serious that it justifies immediate price reduction or rescission of the contract. The Customer is then not required to request the repair or replacement of the good beforehand. The Customer is not entitled to rescission of the sale if the lack of conformity is minor.
Any period during which the good is out of service for repair or replacement suspends the warranty that remained until the delivery of the restored good. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. A seller who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of a maximum of 300,000 euros, which may be increased to up to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The Customer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the Customer to a price reduction if the good is kept, or a full refund upon return of the good. To return a non-conforming Product or one with a hidden defect, the Customer must contact the ESTEBAN Customer Service Department, whose contact details are indicated in the "CUSTOMER SERVICE AND COMPLAINTS" section of these GTC, by attaching photos of the Product in question, the order number, and the reason for the return.
Customer Service will indicate to the Customer the procedure to follow for returning the non-conforming or defective Product and the subsequent refund. ESTEBAN recommends that the Customer keep the shipping receipt of the Product as proof of the return made. If the existence of the non-conformity or defect is confirmed, ESTEBAN will cover the costs of returning the Product.
The warranty does not apply in the event of damage caused to the Products or by the Products due to inappropriate use or storage of the Products or for any other legal exclusion.
Article 5 – PRICE AND PAYMENT TERMS
5.1 Price
The price of the Products is billed to the Customer based on the rates in effect at the time of the order. ESTEBAN reserves the right to modify its prices at any time, without notice. New rates apply to orders placed after the new rate is posted on the website www.esteban.fr.
The price of the Products offered for sale on the Website is indicated in Euros, including all taxes (TTC). For our Products containing electronic components, all taxes on goods relating to the collection and recycling of waste (WEEE) are invoiced, without margin or discount, in addition to the selling price, at the rate in effect on the day of delivery of the Product. The prices do not include delivery costs.
Delivery costs are fixed. The amount of the delivery costs is indicated to the Customer before the validation of their order.
5.2 Payment terms
Payment for the order (price and delivery costs) is made exclusively:
- by credit card: CB / VISA / MASTERCARD or AMERICAN EXPRESS
- via a Paypal account
- via a Klarna account
Payment for the order is required at the time of its validation, before the Products are shipped. No shipment will be made without prior payment.
5.3 Payment security
The website www.esteban.fr uses an SSL security system. The website www.esteban.fr uses the Shopify Payments secure payment system. As part of its order verification and payment quality policy, ESTEBAN may request that the Customer provide a copy of an identity document as well as proof of address. The order will only be validated after receipt and verification of the documents provided by the Customer. The Customer guarantees that they have any necessary authorizations to use the payment method chosen by them when validating their order.
5.4 Invoicing
A detailed invoice, which can be printed from the Customer's account, is accessible upon delivery of the ordered Products.
5.5 Dispute or Refusal of payment
In the event of a refusal of payment to ESTEBAN by a banking institution, ESTEBAN reserves the right to (i) suspend the processing and delivery of the disputed order or cancel it, and (ii) refuse or cancel any new order from a Customer with whom there is already a dispute relating to the payment of an order.
Article 6 – ORDER
Orders are placed exclusively on the website www.esteban.fr by following the instructions provided for this purpose. As a reminder, the Customer declares having read and accepted the GTC before validating their order. Any order validated by the Customer via the "double-click" procedure ((i) placement of the order and (ii) possibility to modify it before confirming by clicking on the VALIDATE and PAY button) constitutes an irrevocable acceptance of the order, subject to the specific provisions of the GTC such as the right of withdrawal or stock unavailability. The data recorded by ESTEBAN and its information systems constitute proof of all transactions made between ESTEBAN and the Customer. Upon validation of the order, ESTEBAN sends the Customer a confirmation email summarizing the entire order.
Article 7 – DELIVERY
7.1 Delivery methods and transfer of risk
Parcels are delivered only in metropolitan France (including Corsica) and in the following countries: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, Germany, Hungary, Ireland, Luxembourg, Monaco, Netherlands, Poland, Slovenia, Sweden, Switzerland, United Kingdom.
Deliveries are carried out via the services of La Poste, according to the Colissimo system, or by any other service chosen by ESTEBAN. When delivery is carried out by the carrier chosen by ESTEBAN, the risks related to the delivery of the Products are borne by ESTEBAN until delivery. If the Product is picked up in store or at another pickup point, the transfer of risk occurs as soon as the Customer or a third party designated by them physically takes possession of it.
The Products are delivered to the address indicated by the Customer during each order. If the Customer wishes to be delivered to different addresses, they must place separate orders. ESTEBAN may have to make partial deliveries, with the additional deliveries then being carried out at ESTEBAN's expense.
ESTEBAN sends each Customer an email notification of the shipment of their order. It is the Customer's responsibility to make arrangements so that the delivery can be carried out on the date and under normal conditions. ESTEBAN will not be responsible if the delivery of an order cannot be carried out due to incorrect or incomplete information. Otherwise, any new delivery will be billed to the Customer.
7.2 Delivery costs
For delivery in metropolitan France (including Corsica):
> at a relay point: €5.5
> at home: €6.9
> free shipping to a relay point for purchases of €59 or more
For Zone 1 (Belgium, Netherlands, Germany, Luxembourg):
> at a relay point: €6
> at home: €9.5
> free shipping to a relay point for purchases of €59 or more
For Zone 2 (Denmark, Hungary, Ireland, Poland, Czech Republic, Croatia, Slovenia) and for Zone 3 (Estonia, Sweden):
> home delivery: €14
> if basket > €69: €11
For Zone 4 (Greece, Finland):
> home delivery: €15.5
> if basket > €69: €12
For Zone 5 (United Kingdom, Norway):
> home delivery: €6.9
> free shipping to a relay point for purchases of €119 or more
For Zone 6 (Switzerland):
> home delivery: €6.9
> free shipping to a relay point for purchases of €89 or more
7.3 Delivery times
ESTEBAN commits to delivering the Products in accordance with the delivery time indicated on the Website or by any other means for each of the Products. In the absence of a specified timeframe, the delivery time for the Product will not exceed thirty (30) days after order confirmation. An email will inform the Customer of any potential delivery delay.
7.4 Delivery tracking
Each Customer can track the processing status of their order in real time on the Website, in the "My Account" section. The Customer can click on the tracking number provided in the order shipment email, which also appears in the "Order Tracking" section of the Website. La Poste offers a tracking service for order shipments, accessible from the "www.Coliposte.net" website by entering the tracking number. This service is independent of ESTEBAN.
7.5 Delivery delay
In the event that the delivery deadline is exceeded, the Customer may terminate the contract by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after having enjoined ESTEBAN to make the delivery within a reasonable additional period under the same conditions, the latter has not performed within this period.
The contract is considered terminated upon receipt by ESTEBAN of the letter or writing informing them of this termination, unless the professional has performed in the meantime.
The Customer will then be reimbursed no later than 14 days after the date the contract was terminated. In the event that the delivery deadline is exceeded and it appears that this deadline was an essential condition of the contract for the Customer, the Customer may immediately terminate the contract.
This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Customer before the conclusion of the contract. In this case, the contract will be considered terminated upon receipt by ESTEBAN of the letter or writing informing them of this termination. In the event of termination due to a delay in the delivery of the Product(s), ESTEBAN commits to refunding the Customer all sums paid, no later than fourteen (14) days following the date on which the Customer terminated the contract.
7.6 Non-receipt of parcels
If, during delivery to the address indicated by the Customer, the Customer is not present or refuses the parcel, the parcel will be left at the Post Office nearest to their home, where the Customer can pick it up for a period of fifteen (15) days, upon presentation of the notice left by the postal carrier in their mailbox.
At the end of this fifteen (15) day period, the Post Office will return any unclaimed parcel to ESTEBAN. If a parcel is returned to ESTEBAN for a reason attributable to the Customer, such as "unclaimed" or "does not live at the address indicated," ESTEBAN will inform the Customer concerned by email. In this case, with the Customer's agreement, the parcel will be reshipped, with the reshipment costs borne by the Customer. An email will indicate the procedure for the Customer to follow to pay these shipping costs. In all other cases, the parcel will be kept by ESTEBAN for sixty (60) days. Upon expiry of this period, ESTEBAN may decide to keep the returned Products, without notice or formal demand, without this granting the Customer any right to a refund, replacement, or compensation. The Customer will not be refunded for either the order price or the delivery costs.
7.7 Product damaged upon delivery
In the event that the Products are delivered damaged, the Customer must imperatively notify the postal service of this fact by noting reservations on the delivery note or by registered letter with acknowledgement of receipt within seventy-two (72) hours (working hours) following the delivery of the parcel. This claim must be substantiated and must describe in particular the state in which the Products and their packaging were delivered to the Customer.
It is recommended to examine the parcel in the presence of the delivery person and to have any reservations noted on the delivery note, of which the Customer must keep a copy. Within this same period of seventy-two (72) hours, the Customer must send a copy of their claim to the Customer Service department of the website www.esteban.fr, by e-mail or by registered letter with acknowledgement of receipt, to the addresses appearing in the "Customer Service and complaints" section of the Terms and Conditions of Sale.
ESTEBAN will then contact the Customer by email in order to organize the return of the Products at ESTEBAN's expense. Furthermore, the Customer will have the following choice: - to maintain their order and obtain a new delivery (unless the Product is unavailable), which will result in a new delivery period, or, - to cancel the order, with ESTEBAN proceeding to refund the price paid no later than 14 days following the date on which the contract was cancelled.
Article 8 – RIGHT OF WITHDRAWAL
From the date of receipt of the Products, the Customer has a withdrawal period of fourteen (14) days to exercise their right of withdrawal, without having to provide justification or pay a penalty. Online purchases can only be returned through the channel provided in this article. No returns will be accepted in physical stores.
8.1 Exercising the right of withdrawal
The Customer must inform ESTEBAN of their decision to withdraw within the fourteen (14) day period by sending them:
- by any written means (mail, e-mail) expressing their intention to withdraw to the address below;
ESTEBAN BOUTIQUE
ZAC Descartes – rue du perpignan
CS 40014 LAVÉRUNE 34433 SAINT JEAN DE VÉDAS CEDEX – France
Email address: serviceclients@esteban.fr.
or
- by filling out and submitting the withdrawal form online available here
or
- by filling out the form directly online accessible from the following page: https://www.esteban.fr/pages/widerruf-formular
In this case, ESTEBAN will provide the Customer with an acknowledgement of receipt immediately upon receipt of the withdrawal form.
In the case of an order for several Products delivered separately, the Customer has a withdrawal period of fourteen (14) days from the receipt of the last Product. Return shipping costs are the responsibility of the Customer. These costs are estimated at a maximum of approximately 30 EUROS (however, this is only an estimate).
When the Customer exercises their right of withdrawal, the Customer agrees to return the Products no later than fourteen days following the notification of their decision to withdraw. This return must be made while respecting the constraints related to the nature of the Products and under appropriate conditions, namely, in particular, a mode of transport perfectly adapted to the Products, especially if they are fragile or require specific temperature conditions. Failing the return of the Products within the aforementioned period, the sale remains in effect and the refund provided for in Article 8.2 cannot take place.
The Products must imperatively be returned intact, clean, and complete (i.e., in perfect condition for resale, unmodified, unused, in their original packaging, accompanied by any manuals and accessories). The Customer must return the Products by clearly indicating their invoice number or the return number assigned to them on the parcel.
The Customer must also include a copy of their invoice in the parcel. It is the responsibility of the Customer exercising their right of withdrawal to keep proof of the reshipment of the goods by their own means (presentation of a registered shipping receipt, presentation of a document provided by the carrier, etc.).
Prior to the refund, ESTEBAN reserves the right to verify that the Products are in perfect condition for resale, unmodified, unused, in their original packaging, and to proceed with the necessary checks in the event of a discrepancy between the returned Products and the attached invoice or return number.
8.2 Refund of Products
The Customer will be refunded an amount equal to the price of the returned Products plus the initial delivery costs they paid for the cancelled order, with the exception of any additional delivery costs if the Customer expressly chose a mode of delivery more expensive than the standard delivery mode offered by ESTEBAN. The return shipping costs of the Products, the estimated maximum amount of which is indicated above, will remain the responsibility of the Customer. This refund will be credited to the bank account from which the payment received by ESTEBAN was issued.
The refund will take place no later than fourteen (14) days from the date on which ESTEBAN was informed of the Customer's decision to withdraw, subject to the receipt of the Products in good condition or the provision by the Customer of proof of the effective shipment of the Products, subject to their condition upon receipt.
ESTEBAN will issue the refund using the same means of payment as that used by the Customer when validating the order, unless expressly agreed otherwise by the Customer for a refund via another means of payment and provided that the refund does not incur any costs for the Customer.
Article 9 – CUSTOMER SERVICE AND COMPLAINTS
ESTEBAN's Customer Service is at the disposal of Customers for any information, from Monday to Friday:
- by e-mail: serviceclients@esteban.fr
- by mail at the following postal address:
ESTEBAN BOUTIQUE
ZAC Descartes – rue du perpignan
CS 40014 LAVÉRUNE 34433 SAINT JEAN DE VÉDAS CEDEX – France
ESTEBAN commits to doing everything possible to respond to the Customer as soon as possible.
Admissible complaints are processed within a standard period of 30 days; the maximum processing period is 45 days.
Article 10 – LIABILITY
ESTEBAN cannot be held liable, and ESTEBAN will in no case be held responsible for damages of any kind, whether material, immaterial, indirect, or physical, which could result from:
- improper use of the Products by the Customer, in contradiction with customary use, standard safety rules, and the provided information manuals,
- an inadequacy between the photographs and texts reproduced illustrating the offered Products and their characteristics, which are provided for illustrative purposes and are not contractual.
The Customer assumes sole responsibility for any violation of the provisions of the Terms and Conditions of Sale relating to the use of the Products for unauthorized purposes (resale, commercial use, marketing use, etc.), not in accordance with customary use and basic safety rules.
The Customer must then indemnify ESTEBAN against all claims, actions, liabilities, charges, expenses, losses, damages, and costs resulting from such a violation. The liability of ESTEBAN and the Customer cannot be invoked and no compensation can be granted in the event of non-compliance or delay in the execution of one of their obligations, when this non-compliance or delay is due to the occurrence of an event of force majeure, that is to say, an irresistible event beyond the control of ESTEBAN and the Customer, respectively, and unforeseeable according to the criteria traditionally retained by jurisprudence.
Article 11 – MISCELLANEOUS
11.1 Invalidity or illegality of a clause
In the event that one of the provisions of these Terms and Conditions of Sale is judged to be null or illegal, the validity and legality of the other provisions will not be affected.
11.2 Intellectual property
All texts, comments, works, illustrations, images, and any other element appearing on the website www.esteban.fr are the full and exclusive property of ESTEBAN. As such, any reproduction, representation, modification, adaptation, or use of any of these elements is prohibited and constitutes an infringement that may lead to the civil and criminal liability of the infringer.
11.3 Personal data
ESTEBAN commits to protecting the privacy of individuals regarding personal data. ESTEBAN ensures that its policies and practices regarding the collection, use, storage, transfer, and access to personal data comply with the requirements of Law No. 78-17 on Information Technology, Files, and Freedoms of January 6, 1978 (and its subsequent amendments) and the European Union's General Data Protection Regulation of April 27, 2016 (hereinafter "GDPR").
Information regarding the processing of personal data is accessible on the website www.esteban.fr in the "Privacy Policy" section. This section can be consulted directly by clicking on the following link: https://www.esteban.fr/pages/politique-de-confidentialite
11.4 Written communications and durable medium
Applicable regulations require that part of the information or communications that ESTEBAN sends to the Customer must be in writing or on a durable medium. By using this website, the Customer consents to most communications being electronic.
Thus, ESTEBAN communicates with the Customer by email sent to their personal email address or by message sent to their account. The Customer consents to using this means of electronic communication and acknowledges that the legal requirement for communication in writing or on a durable medium is met. You are invited to keep these Terms and Conditions of Sale and any element related to your order on a durable medium.
11.5 Applicable law and dispute resolution (In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. of the Consumer Code concerning the amicable settlement of disputes.)
These Terms and Conditions of Sale are subject to French law. Nevertheless, in the event of a dispute, the Customer will have the option, prior to any legal action, to seek an amicable settlement. The Customer may then contact the Customer Service department, the contact details of which are mentioned in the "CUSTOMER SERVICE AND COMPLAINTS" article. However, a consumer who has sent a written complaint to the professional and has not obtained satisfaction or a response within two months may submit their complaint free of charge to the consumer mediator.
The mediator must be contacted within a maximum period of one year from the initial complaint. The MCP MEDIATION mediator can be contacted directly online at the following address:
or
by mail:
MÉDIATION DE LA CONSOMMATION et PATRIMOINE - 12 Square Desnouettes - 75015 PARIS
In the absence of a prior amicable settlement between ESTEBAN and the Customer, all disputes arising within the framework of the relationship between the Customer and ESTEBAN will be submitted to the competent courts.
