TERMS
Please take a moment to read the following prior to making your purchase.
The present terms and conditions apply between:
EMERIEU, with SIRET number 89157991400039, and having its head office located at 224 Avenue Henri Chapays, 38340 Voreppe, France, email: contact@emerieu.com, hereinafter referred to as “Emerieu,”
AND:
Any person wishing to make a purchase via the seller’s website, at the address https://emerieu.com, hereinafter referred to as “the customer” or “the purchaser.”
ARTICLE 1: OBJECT
These general conditions of sale are intended to define the contractual relationship between the seller and the customer, and the conditions applicable to any purchase made through the seller’s merchant site https://emerieu.com/, herein named “the Site”.
The customer must be at least 18 years of age and have legal capacity or hold a parental authorization allowing him to make an order on the Site.
The acquisition of a product through the Site implies full and entire acceptance by the customer of these general conditions of sale. These will prevail over any other general or special conditions of the customer.
Emerieu reserves the possibility of modifying these general conditions of sale at any time. It is, however, agreed that the conditions applicable to the customer will be those in force on the date of his order on the Site.
ARTICLE 2: SITE
The emerieu.com site (hereinafter the “Site”) is an e-commerce site accessible by the internet network at https://emerieu.com and is open to any user of this network.
The Site offers for sale a variety of second-hand clothing and accessories (hereinafter “Product(s)”) to internet users navigating on the Site (hereinafter “User(s)”). For the application herein, it is agreed that the User and Emerieu will be collectively named the “Parties” and individually named the “Party”, and that the User who has validated an order will then be named the “Purchaser”. User’s rights and obligations necessarily apply to the Purchaser.
The purchaser declares having full legal capacity.
All orders of a Product offered on the Site assume consultation and express acceptance of the general conditions of sale.
As a reminder, in accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, completed by Decree No. 2001-272 of March 30, 2001, taken for the application of Article 1316-4 of the Civil Code and relating to the electronic signature, Emerieu specifies that the validation of the purchase order as specified in Article 5.3 below constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.
The general conditions of sale are intended to define the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.
ARTICLE 3: PRODUCTS
PRODUCT DESCRIPTION
The products offered by Emerieu are those that appear on the Site on the day of its consultation by the user.
The products offered by Emerieu are rare and carefully selected. The measurements, quality, and material are listed in the description of the article to guarantee a rigorous representation of it. The products offered by Emerieu are vintage pieces and, as such, may present slight imperfections due to their age. Please appreciate these items for their character.
The products are described and presented with the greatest accuracy possible. The photographs illustrate, in support of the text, the products but are not in the contractual scope. While Emerieu attempts to represent the products as truly as possible, color variations may occur, particularly due to the technical limitations of the color rendering of computer equipment.
Please note that the photo of the garment worn by the model should not be taken as a reference for sizing and fit, as it depends on each individual’s body shape and proportions. We recommend referring to the provided size guide and product measurements for accurate sizing information.
Furthermore, for aesthetic purposes, the garment may be pinned at the back of the mannequin during photography. This is done to showcase the design and silhouette of the garment and may not reflect the actual fit without the pins.
At Emerieu, we take extra measures to ensure the accuracy of our product descriptions and to address any potential disputes regarding the condition of the clothing items. As part of the quality assurance process, Emerieu record a video of each clothing item during the packing process before shipping them out to customers. This step guarantees that the condition of the clothing item is accurately represented at the time of sale. By recording these videos, Emerieu can verify the condition of the item in case of any disputes regarding its condition upon receipt by the customer.
PRODUCT AUTHENTICITY
Emerieu guarantees the authenticity of the luxury products sold on its site.
Emerieu understand the importance of authenticity when it comes to luxury goods, and we strive to provide our customers with a genuine and satisfying shopping experience. Each product is carefully inspected and verified to ensure it meets the highest standards.
In the unlikely event that a customer has concerns about the authenticity of a purchased product, we encourage them to contact us immediately. We will thoroughly investigate the matter and take appropriate action to address any valid concerns.
PRODUCT AVAILABILITY
Emerieu undertakes to honor orders received only within the limit of available stocks. In the event of the unavailability of one or more product(s), Emerieu undertakes to inform the user as soon as possible. Emerieu takes no responsibility for out-of-stocks or unavailability of products.
The unavailability of the product may be notified to the user:
• When entering the order, it will be indicated that the desired product is momentarily unavailable.
• Subsequent to the validation of the order, an e-mail will be addressed to the purchaser by Emerieu.
In the assumption that the payment has already been made, Emerieu undertakes to contact the payment service to refund the amount corresponding to the price(s) of the unavailable product(s) subtracted from the purchaser’s bank account.
Emerieu strictly prohibits any form of bidding or requesting the cancellation of orders from customers who have missed out on a particular product. Once an item has been sold and an order has been placed by a customer, it is considered a binding transaction. Emerieu does not accept any form of bidding or attempts to override the original sale by offering a higher price or pleading for the cancellation of the order placed by another buyer.
Emerieu strives to maintain fairness and integrity in the sales process, treating all customers equally and respecting their respective orders. We kindly request that customers refrain from engaging in such practices, as it goes against our policy and principles of providing a fair shopping experience for all.
PRODUCT REFERENCES
To showcase the products offered, Emerieu may utilize photos from fashion shows, magazines, or advertising campaigns, as well as videos, on the product listings. Emerieu endeavors to appropriately credit the respective artists involved. However, if you are the rightful owner of any of these references and wish for them to be removed from the website, kindly contact us at contact@emerieu.com, and we will promptly address your request.
PRODUCT OWNERSHIP
The products ordered remain the property of Emerieu until full payment of the price has been received.
ARTICLE 4: PRICE
The prices are quoted in euros or US dollars and are net of taxes (VAT not applicable, art. 293B of the CGI) by the seller at the time of the order.
The price charged to the purchaser is the price indicated on the order confirmation sent by e-mail by Emerieu.
Emerieu reserves the right to change its prices at any time without notice. The products will be invoiced based on the rates in force at the time of the order registration, subject to the availability of the products. The applicable rate is the one indicated on the Site.
The price is payable in full and in a single payment upon validation of the order.
Any unpaid amount will result in a lump sum billing of 25 euros per payment incident. The data recorded by the Site constitute proof of past transactions between Emerieu and the purchaser. The data recorded by the payment system constitute proof of financial transactions. The sale becomes final after acceptance of the secure services transaction.
ARTICLE 5: PAYMENT
It is specified that any payment on the Site can be made by credit card. Payment for purchases on the Site can be made securely, 24 hours a day, 7 days a week, from France or abroad, using bank cards belonging to the following networks:
• Credit Card
• Visa
• Mastercard
The user will need to enter the card number, card expiry date, the name of the cardholder, and the visual cryptogram located on the back of the credit card.
Emerieu reserves the right to refuse to honor any order from a user with whom it is in dispute, of any kind.
Emerieu uses the secure payment service provided by Stripe. The integrity of data exchanged between the purchaser and the Stripe secure platform is protected against hacking attempts. Confidential data is directly transmitted encrypted to the Stripe server, without ever transiting to Emerieu’s servers.
Emerieu reserves the freedom to cancel any orders that present a risk of fraudulent credit card use.
Emerieu reserves the right to block any IP address, credit card, or email address that is linked to disrespectful or threatening behavior, or the abusive use of the website.
DISCOUNT AND CREDIT CODES
During sale and promotional periods, it is not permissible to apply double discounts unless explicitly indicated in the promotional material that the use of additional promotional codes is allowed. Only one promotional code can be used per transaction, and codes cannot be combined with any other ongoing promotions or previously issued credit codes.
Credit codes can be applied to any item in the shop, but they cannot be combined with other credit or promotional codes, as stated above
ARTICLE 6: ORDER
NAVIGATION WITHIN THE SITE
The user can navigate freely on the Site without being committed to placing an order.
REGISTRATION OF AN ORDER
To place an order, the user should click on the “Add to Cart” button. Each new addition to the cart will be indicated by the appearance of a specific screen.
At any time before validating the order, the user can:
- Get a summary of the products selected and modify the order by clicking on the “Cart” link.
- Continue selecting products by clicking on “Continue Shopping.”
- Finalize the product selection and proceed to validate the purchase by clicking on “Place order.”
To order the selected products, the user will click on the “Order” icon and follow the provided purchase route.
A purchase order will appear on the screen, summarizing the nature and price of the products chosen by the user, as well as the total amount of the order.
The user should accurately complete the form provided for identification purposes. This form will require information such as the user’s first name, last name, email address, password, delivery address, and billing address.
The user is informed and agrees that entering their identification information serves as proof of their identity and demonstrates their consent.
FINAL VALIDATION OF AN ORDER
The validation by the user of their order on the Site indicates acceptance of the general conditions of sale.
Afterwards, the user will be prompted to proceed with payment for their order by entering their banking details.
CONFIRMATION OF AN ORDER
When the buyer validates payment for their order, a summary is displayed, including the transaction number. This summary is also sent to the buyer as an order confirmation email.
If the order confirmation email is not received, we kindly ask the customer to check their spam or junk mail folder. In case the email still does not appear, please send an email to contact@emerieu.com to verify that the correct email address was provided during the order placement process. We will assist in resolving any issues and ensuring that the necessary information reaches the customer.
Furthermore, a shipment confirmation email is sent to the purchaser on the day the products are shipped. This email will contain the package tracking link for the buyer’s convenience.
ARTICLE 7: DELIVERY
DELIVERY TERMS AND TIMES
The products ordered can be delivered to any address worldwide, as chosen by the purchaser. Deliveries will be made to the address indicated by the customer for this purpose.
In all cases, the buyer can track their order online. Emerieu will make its best efforts to fulfill the order within 7 days from the day following the validation of the order, except in cases of force majeure.
The products ordered by the purchaser will be delivered to the address specified on the purchase order or dropped off at the post office associated with the delivery address, in case the recipient is unavailable. In this case, a delivery notice will be left in the recipient’s mailbox, allowing them to pick up the parcel during working hours at the post office within fifteen (15) days.
Please note that the delivery address must not be a PO Box. The information provided by the purchaser during the order placement is the purchaser’s responsibility. In the event of an error in the recipient’s contact information, Emerieu cannot be held responsible for the inability to deliver the product.
Emerieu offers two types of shipping options: standard and express. To calculate the shipping fees, users should refer to the table provided on the Delivery and Returns page. This table will outline the specific shipping costs based on the selected shipping method, destination
For international orders, the purchaser must be aware of potential customs fees, duties, or taxes that may be applicable. These fees are the responsibility of the purchaser and are typically charged upon receiving the order. Additionally, signature confirmation upon delivery is required for international shipments.
DELIVERY PROBLEMS
Delivery times are available on the Delivery and Returns page and are specified in working days and represent the average duration for order preparation and delivery within the designated territory.
The delivery times commence from the date of order confirmation by the seller.
The seller undertakes to make their best efforts to deliver the products ordered by the purchaser within the specified timeframe. However, any delay in delivery will not result in any damages, interest, withdrawal, or cancellation of the order by the purchaser.
It is the sole responsibility of the customer to provide accurate and complete information when placing the order. Failure to do so, such as providing an incorrect or incomplete address or incorrect name, may result in non-performance or improper execution of the contract, for which the customer bears responsibility.
Emerieu cannot be held responsible for any shipping delays that may occur, nor for any items lost in shipment. In cases where the item has been delivered but not found by the recipient, we recommend contacting the respective postal service for further assistance.
LIMITATION OF LIABILITY
The products offered comply with the current French legislation. However, Emerieu cannot be held responsible in the event of non-compliance with the legislation of the country where the products are delivered. It is the responsibility of the purchaser to verify with local authorities the possibilities of importation or use of the ordered products.
ARTICLE 8: DATA PROTECTION
The provision of personal information collected in the context of remote sales is mandatory, as this information is necessary for the processing and delivery of orders, as well as for issuing invoices. This information is treated as strictly confidential. Failure to provide this information will result in the automatic rejection of the order.
The security protocol in place ensures the total confidentiality of the transmitted information. Emerieu commits not to transmit or use any personal information of its purchasers, except for purposes directly related to its business activities, in accordance with the provisions of the “Computer and Freedom” law No. 78-17.
In accordance with the “Computer and Freedom” law No. 78-017 of January 6, 1978, the user has the right to access, correct, and oppose the communication of any personal information concerning themselves. To exercise this right, the user should submit a request to Emerieu via email or mail using the contact details provided in Article 11.
ARTICLE 9: INTELLECTUAL PROPERTY
Any total or partial reproduction of the Site is strictly prohibited without prior agreement. Failure to comply with this obligation constitutes infringement and may result in civil and penal liability for the infringer. Similarly, any processes related to framing or deep-linking, or any similar techniques, are strictly prohibited without the express, special, and written authorization issued by the seller.
ARTICLE 10 CONTACT
By mail: EMERIEU, 224 Avenue Henri Chapays, 38340 Voreppe, France
By email: contact@emerieu.com
ARTICLE 11: PARTIAL NON-VALIDITY
If any provision or provisions of these general conditions of sale are held to be invalid or declared as such under the application of a law, regulation, or as a result of a final decision by a competent court, the remaining provisions shall retain their full force and effect.
ARTICLE 12: INTEGRALITY OF THE CONTRACT
These general terms and conditions of sale, along with the order summary transmitted to the purchaser, constitute a complete contractual agreement and represent the entire contractual relationship between the parties.
In the event of any contradiction or discrepancy between these documents, the general conditions of sale shall prevail.
ARTICLE 13: APPLICABLE LAW – COMPETENT JURISDICTIONS
These general conditions of sale and the contractual relationship between the parties are governed by French law.
The entire Site is the exclusive property of Emerieu, and no reproduction or representation of its content may occur without prior written consent from Emerieu. Emerieu does not guarantee the accuracy or completeness of the information provided on this Site, and the publisher cannot be held liable for any errors. If you notice any errors, please report them to: contact@emerieu.com. Emerieu reserves the right to correct the content at any time without prior notice.