The present General Terms and Conditions of Sale are those of the company ELLERY, a simplified joint stock company with a capital of 10,000 euros, registered in the Paris Trade and Companies Register under the number 827838012, whose intra-community VAT number is FR59827838012 and whose registered office is located at 62 Rue Tiquetonne 75002 Paris, France
Scope and acceptance of the General Terms and Conditions of Sale
The purchase of Products offered on the website www.ellery.com/ (hereinafter the "Site") is subject to these general terms and conditions of sale of the Site (hereinafter the "GTC").
ELLERY Products (hereafter the "Products") are exclusively intended to be sold to final consumers who are natural persons or non-professional legal entities (hereafter the "Clients"), to the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, the Customer affirms that it is acting as an end consumer and that it does not intend to resell the Products for commercial purposes.
ELLERY may update these GTC at any time.
The Customer can check the current version of the GTC at any time by clicking on the link https://www.ellery.com/pages/terms. The GTC in force at the time of the conclusion of the sales contract are those that are enforceable against the Customer.
In addition, each time Products are purchased on the Site, the Customer will be asked to confirm acceptance of these GTC in force at the time the order is placed. The said GTC can be viewed at the moment when the Customer is asked to confirm that he accepts them. To confirm this acceptance, the Customer must tick the box "I have read and accept the General Terms and Conditions of Sale of the ellery.com site".
Terms and conditions of ordering
Any order placed on the Site implies express acceptance of the GTC and acceptance of the prices and Products available for sale on the Site.
* Ordering process
The Customer who wishes to place an order must follow the following procedure:
- Choice of Product: the Customer must select the Product he/she wishes to order.
- Checking the contents of the Customer's selection: the Customer checks the contents of his basket while retaining the possibility of deleting the Products he has selected.
- Identification: the Customer must create an account by filling in the identification form provided and indicating the information requested (compulsory information: title, surname, first name or company name, address, e-mail, password, telephone number for delivery).
- Verification of the Customer's order: the Customer verifies the content of his/her order, the total price, the delivery and billing addresses, while retaining the possibility of deleting a Product or modifying the billing and delivery address. The Customer validates the delivery and payment method. The Customer must confirm his acceptance of these GTC by ticking the corresponding box. The validation of the order is only possible after having ticked this box. After this step, the Customer cannot modify and/or cancel the order.
- Acknowledgement of receipt of the order: the Customer receives an e-mail summarising the contents of his/her order, namely
- their delivery and billing addresses
- the order number
- the date of the order
- the list of Products ordered and their amounts
- the delivery method (address provided by the Customer or "point relay")
The Customer is advised to keep and print this document as official proof of his/her order.The order is then registered and processed by ELLERY which checks the availability of the Product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.
Confirmation of the dispatch of the order: the Customer receives an e-mail summarising the content of his order and confirming its dispatch. The contract is deemed to have been concluded on the date this e-mail is sent.
Tracking of the order
A tracking number of the carrier is communicated to the Customer when the order is validated.
If the Customer wishes to obtain information concerning the follow-up of his order, he can connect to the website of the carrier chosen by ELLERY, e.g. UPS, at the address www.ups.com, and follow the progress of his parcel directly. The Customer also receives information by e-mail concerning the various stages of the processing and preparation of the order until it is dispatched.
Availability of Products
The offers of Products and prices of ELLERY are valid as long as they are visible on the Site, within the limit of available stocks.
Errors or modifications may exceptionally occur, particularly in the case of simultaneous orders of the same Product by several Customers.
In the event of unavailability of a Product after placing an order, ELLERY will inform the Customer by e-mail or by phone as soon as possible, proposing either to order another Product presented on the Site as a replacement, or to cancel the item unavailable without any charge.
ELLERY will not be held responsible in case of stock shortage or unavailability of Products for orders.
ELLERY reserves the right to change at any time and without notice the Products offered on the Site.
In order to ensure a better quality of service and availability of its Products to all Clients of the Site, ELLERY reserves the right to limit the quantity of Products that can be purchased by a Client, in accordance with the applicable provisions in the matter and notably those of Article L.121-11 of the French Consumer Code.
While every effort is made to ensure that the colour and design of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, in particular due to the technical limitations of colour rendering on the Customer's computer equipment. Consequently, ELLERY cannot be held responsible for errors or non-substantial inaccuracies in the photographs or graphic representations of the Products on the Site.
ELLERY reserves the right not to accept an order from a Customer with whom it is in dispute over a previous order, or if ELLERY reasonably believes that the Customer has breached the present GTC or engaged in fraudulent activity, or for any other legitimate reason.
ELLERY does not accept gift vouchers for made to order items.
The prices of the Products are indicated in Euros.
There is no possibility of payment in US Dollars, Pounds Sterling, Canadian Dollars, Australian Dollars, Yuan, Yen, Won, Russian Rouble (based on a daily conversion via the converter used for the Site) currently.
All taxes included and excluding any customs duties for orders outside the EU remain the responsibility of the Customer. Apart from the cases of reimbursement made (i) in the framework of the exercise of the right of withdrawal or for (ii) lack of conformity and hidden defects, ELLERY will not reimburse the VAT applied to the purchases made on the Site (even in the case where the buyer, after reception, resends the Products to a country outside the European Union).
ELLERY reserves the right to modify at any time and without notice the prices of the Products proposed on the Site.
The Products are invoiced on the basis of the prices displayed on the Site at the time the order is placed, subject to availability of the Products ordered at that time.
All orders are payable in Euros and must be paid immediately upon placing the order.
In the event of unavailability of certain Products ordered (see Article 4 "Availability of Products"), only the price and shipping costs relating to the available Products will be charged.
By credit card (Visa, CB, Mastercard, American Express): The payment is made on the secured website of ELLERY's banking partner.
By payment application: via Paypal, Alipay, Apple pay (mobile), Klarna and Android pay (mobile).
This implies that no banking information concerning the Customer is transmitted via the website www.ellery.com.
The payment is therefore secured by the partners in charge of managing the financial transactions.
The order will be registered and validated as soon as the payment is accepted by the banking service.
Any claim concerning the delivery of the Products must be formulated within 14 working days following the reception of the item(s) under the same conditions as mentioned above. If it is decided that the product(s) must be returned to ELLERY, they must be returned in their original state (packaging, accessories...) and according to the following shipping conditions. The Customer will have to contact the customer service via the mail : firstname.lastname@example.org in order to obtain a return number to be noted on the form " Return form " attached to the order as well as any precision relative to the shipping. No package will be accepted without a return number. This number must be written legibly on the package with a marker. The Product will have to be sent back to ELLERY, an address given via email.
Right of retraction
In accordance with articles L. 121-16 and following of the Consumer Code, the Customer has a period of 14 days from the day of delivery of the product purchased on the Site to inform the customer service of the wish to return the Product.
For any return, the Customer must i) use the return form enclosed in the delivery package and/or ii) contact customer service via the email: email@example.com to inform them of their decision to use their right of withdrawal. Any parcel returned after the announced deadlines will be refused and sent back to the sender. No packages returned as cash on delivery will be accepted, whatever the reason. The costs and risks associated with the return of the Products are the responsibility of the sender. For the customer service to accept the exchange and/or the refund, the Product will have to be sent back complete in its original packaging, not damaged, with its label attached, not worn, with all its accessories and a copy of the purchase invoice to Société ELLERY Service à la Clientèle. The Customer will not have to justify any motives nor pay any penalties, except for the return shipping and duty costs.
ELLERY cannot be held responsible for the loss, theft or damage of the package.
Packages for which the identification of the Customer (name, first name, address and return code) will not be possible, will be refused.
All returns must be made by a traceable method (UPS, FEDEX, DHL, RAR, etc...) and the tracking number must be communicated to ELLERY.
Upon receipt of the Product returned by the Customer, the customer service will send an email confirming receipt of the Product.
ELLERY, in case of regular exercise of this right by the Customer, will reimburse the sums paid by him/her corresponding to the acquisition of the returned Product(s) (thus excluding possible customs fees), within a maximum period of fourteen days, by bank transfer to the account used with the payment card addressed to the Customer.
ELLERY commits to reimburse the standard delivery costs including the tracking of the parcel. To this end, the delivery invoice indicating the tracking number of the package should be inserted in the return package.
The Products sold by ELLERY are subject to the conditions of legal guarantees provided by articles L.217-4 to L.217-14 of the Consumer Code as well as by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:
ELLERY will refuse any claim concerning Products that have been used inappropriately.
Any claim concerning the Products as such and not linked to the delivery must be formulated by email at firstname.lastname@example.org followed by a written confirmation sent by registered letter with acknowledgement of receipt to the customer service at an address given via email upon request.
*Legal guarantee of conformity:
ELLERY will deliver to the Customer a Product in conformity with the contract and free of defects of conformity at the time of delivery of the said Product, in the sense that the Product will be fit for the use usually expected of a similar good and will present the characteristics presented at the time of the sale. ELLERY is also responsible for defects of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at its charge by the contract or has been carried out under its responsibility.
*ELLERY will provide the Client with a legal guarantee against hidden defects:
ELLERY will deliver to the Client a Product free of hidden defects which would make it unsuitable for the use for which it is intended, or which diminish this use so much, that he would not have acquired it, or would have given only a lower price, if he had known them.
These guarantees will only come into play if the Customer makes the request within 24 months of delivery of the Product (for the legal guarantee of conformity) or of the discovery of the defect (for the legal guarantee of hidden defects).
Defects of conformity that appear within 24 months of delivery are presumed to exist at the time of delivery, unless proven otherwise.
In case of recognised non-conformity of a Product sold by ELLERY, the Client will be able to choose between the repair or the replacement of the Product, except if one of these choices leads to a manifestly disproportionate cost for ELLERY. If the repair or replacement of the Product is impossible, the Customer may be refunded the price paid and return the Product or keep the Product and be refunded part of the price, unless the lack of conformity is minor.
In case of a hidden defect recognised on a Product sold by ELLERY, the Client will have the choice to return the Product and get back the price and expenses incurred by the sale or to keep the Product and get back part of the price.
In all cases, it is up to the Customer to prove that he/she meets the conditions of the guarantee.
The return, replacement or reimbursement of the Product shall be free of charge for the Customer and shall not preclude the possible award of damages in the event that the Customer is entitled to them.
In case of lack of conformity and/or hidden defects recognised by ELLERY, if it is decided to return the Product, the Client must send it to an address to be given via email. The Customer will have to obtain beforehand from the customer service contacted via the email : email@example.com a return number as well as any precision concerning the shipment. No package will be accepted without a return number. This number must be written legibly on the package with a marker.
After-sales service and availability of spare parts
All technically repairable Products benefit from a paid after-sales service. For any repair request, the Customer shall contact the customer service department directly by e-mail: firstname.lastname@example.org.
In accordance with article L 111-3 al 1 of the French Consumer Code, ELLERY confirms that no period of availability of spare parts essential to the use of the Products is guaranteed. ELLERY will nevertheless make its best efforts to satisfy its Clients in case of request for one or several spare parts.
Limitation of liability
In no case, ELLERY's responsibility can be engaged for any damage that would not result from a failure of ELLERY to fulfil one of its obligations.
When the Client registers on the website www.ellery.com, ELLERY collects his personal information (personal data, e-mail address, etc) through the registration form in order to offer him the services accessible in ELLERY's reserved access areas. The personal information concerning him/her is essential for the processing and delivery of his/her orders.
The ordering process on the website www.ellery.com.com requires the creation of a Customer account in which the information is stored and protected by a password chosen by the Customer. This information is strictly confidential and is intended for ELLERY exclusively. It will be processed in strict compliance with the provisions of the French Data Protection Act n°78-17 of 6 January 1978 and the General Data Protection Regulation (EU) 2016/679.
As such, ELLERY undertakes in particular to (i) guarantee the confidentiality of personal data processed in the framework of the present contract by implementing appropriate security measures in its field of activity, (ii) ensure that persons authorised to process personal data under the present contract undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data, and (iii) ensure that its possible subcontractors respect legal obligations on behalf of and according to ELLERY instructions.
At any time, the Customer has the right to access, modify, rectify and delete data concerning him. To exercise this right, he can make a request to ELLERY by email at email@example.com or by post to an address given via email.
Subject to validation by an "opt-in" from the client, personal information (personal data, e-mail address, gender...) can also be used by ELLERY and/or its partners for commercial purposes such as sending newsletters or solicitations.
ELLERY's personal data management policy is available on the Site
All documents, information, texts, graphics, images, photographs or any other content published on the website www.ellery.com are the exclusive property of ELLERY. Consequently, they cannot be reproduced, exploited or used in any way without the express authorisation of the director of the publication.
ELLERY is the owner of all intellectual property rights (with the exception of the moral rights of the authors) relating to the Products and the brands and distinctive signs under which the Products are marketed.
The Client recognises without reserve as such the intellectual property of ELLERY and undertakes not to infringe it in any way whatsoever. More specifically, the Client expressly undertakes not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for its own benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and the brands belonging to ELLERY.
"Force majeure" means any external, irresistible and unforeseeable circumstances beyond the reasonable control of the party suffering from force majeure.
In the event that ELLERY is prevented or delayed by a case of force majeure in the execution of its commitments, ELLERY undertakes to inform the Client within 96 hours, specifying the precise elements constituting the force majeure, the reasonably foreseeable duration of the delay or prevention. ELLERY will then be released from the responsibility linked to the non-execution or delay in the execution of its obligations, but undertakes to use its best efforts to resume full execution without delay. In such a case of force majeure, ELLERY may at its discretion terminate the order or any part of it, without liability, but will reimburse the Client for any sums already paid. In no way, the Client may invoke a case of force majeure to free himself even temporarily from an obligation to pay a sum of money.
Applicable law - Disputes
These General Terms and Conditions of Sale are governed and interpreted in accordance with French law. The language of this contract is English.
In the event of a dispute, the French courts shall have exclusive jurisdiction. However, in application of EC Regulation 593/2008 of 17 June 2008, these GTC do not prevent the application of a provision more favourable to the Customer, from which there can be no derogation by agreement, and this by virtue of the law of the country where the Customer has his habitual residence.
In the event of a dispute relating to the application and/or interpretation of these general terms and conditions of sale, the Customer may have recourse to a conventional mediation procedure or to any other alternative dispute resolution procedure. In accordance with order no. 2015-1033 of 20 August 2015 and implementing decree no. 2015-1382 of 30 October 2015, any dispute or so-called consumer dispute, subject to Article L.612-2 of the Consumer Code, may be settled amicably by mediation with the CMAP - Centre de Médiation et d'Arbitrage de Paris. To submit a dispute to the mediator, the Customer may (i) fill in the form on the CMAP website: www.cmap.fr under the "you are: a consumer" tab (ii) send his request by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to firstname.lastname@example.org. Whatever the means used to seize the CMAP, the Customer's request must contain the following elements in order to be treated with speed: his postal, email and telephone coordinates as well as ELLERY's full name and address, a brief statement of the facts, and proof of the previous steps taken with ELLERY.
Not with standing the foregoing, in the event of a dispute, and in accordance with Regulation No. 1215/2012 of 12 December 2012 :
The Customer may bring the matter before either the court of his domicile or the French courts, ELLERY may refer to the court of the Client's place of residence.