Legal information& General terms and conditions of sale
Terms and conditions of use
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This site is the property of SAS Elora, registered under the RCS number 340416312 (management number: 87B486) in Lyon and whose head office is located in Limonest (69). Its legal representative is Mr Yves Duplatre. The website www.elora.com is made available to users subject to their unconditional acceptance of the conditions and warnings set out below.
The webmaster of www.elora.com is Xavier GUIEN.
The website host is GARDENERS, whose head office is based in POISY (74330).
Elora makes every effort to ensure that all information provided on its directly linked site is accurate and up-to-date, but Elora cannot guarantee that the information it contains is complete, precise, accurate, exhaustive or error-free. Elora reserves the right to correct or modify the content of this site at any time and without prior notice.
Elora declines all responsibility for the information available on its site and for the use that may be made of the information contained on this site or obtained in response to a question asked via this site. Under no circumstances may Elora be held liable for damages of any kind, whether direct or indirect, resulting from the use of this site or in connection with this site.
In general, Elora declines all responsibility for any use that may be made of this site. Any attempt to transfer information to a third party site or to modify the information contained on this site is prohibited and may result in civil or criminal proceedings by Elora. Elora may not be held liable for any hypertext or any other computer element used, directly or indirectly, from the site, and the existence of a link does not transfer responsibility to Elora. Elora does not guarantee or make any commitment concerning third-party sites and shall not be liable for their content. It is strictly forbidden to create a hypertext link to the Site without the express consent of Elora. Elora cannot and does not guarantee that the server hosting the site is free of viruses or that the files accessible by downloading from this website or any other third-party site are free of viruses or operating errors. Insofar as viruses may be transmitted via the Internet, we recommend that users take the necessary measures to protect their computer against any intrusion, against any technical problem that could damage the components of the user's computer or data that may be stored there. In any event, Elora or one of its subcontractors may not be held liable for any damage whatsoever that may occur during connection to and browsing of the site.
Terms and conditions of sale
Preamble
The present conditions are concluded between, on the one hand, the company Elora, registered at : RCS LYON, Siret :34041631200114
Registered office: 590 ALLEE DES HETRES 69760 LIMONEST hereinafter referred to as "VD Group"
www.elora.com hereinafter referred to as "the user". . Packages will only be dispatched to Metropolitan France and Monaco.
These conditions apply exclusively to non-trading individuals.
The parties agree that their relationship will be governed exclusively by this contract, to the exclusion of any conditions previously available on the site.
If a condition is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
Object
The purpose of these conditions is to define the terms and conditions of sale between Elora and the user, from the order to the services, including payment and delivery.
They regulate all the steps involved in placing the order and ensure that the order is followed up between the contracting parties.
The order
Users can place their orders online from the online catalogue. The order can only be registered on the site if the user has clearly identified himself by means of his e-mail address and password, which are strictly personal to him.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below. Elora undertakes to honour orders received on the website only within the limits of available product stocks. If a product is not available, Elora undertakes to inform the user accordingly.
The delivery
Delivery will be made by Colissimo within 48 hours of receipt of the order (72 hours for Corsica) if payment is made by credit card and within 48 hours of receipt of the cheque if this method of payment is chosen. The Colissimo service is available if the customer : - Reside in mainland France or Monaco, - Has a VD Group customer number.
Price list
Prices are given in euros, inclusive of all taxes. They include the VAT applicable on the day of the order. These prices do not include handling costs (postage, packaging and preparation of the parcel according to the amounts in force). Any change in the applicable rate may be reflected in the prices of the products. Prices are subject to change at any time after this date. However, prices cannot be changed once the customer's order has been placed. Likewise, if one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be passed on to the selling price of the articles present on the Elora site and sales documents.
The prices indicated on the site are guaranteed for the duration of the online publication and within the limits of available stocks.
Right of withdrawal / return / exchange
All items may be exchanged or refunded. The customer's request for an exchange or refund must be made within 15 days of receipt of the parcel.
The refund will be made by cheque within 15 days of receipt of the items. The refund will be made after Elora has checked the items.
Guarantees
The user has the right to return defective items in accordance with articles L 211-4 et seq. of the French Consumer Code
Article L211-4 of the French Consumer Code
To conform to the contract, the goods must :
1º Be fit for the use ordinarily expected of similar goods and, where applicable :
correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model ; have the qualities that a purchaser may legitimately expect having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
2º Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-12 of the French Consumer Code
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
Article 1641 of the French Civil Code
The seller is liable for any hidden defects in the goods sold that render them unfit for their intended use, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them.
Article 1648 al 1er code civil
Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
Signature and proof
Any user of the site who is not a customer must create an account by providing the personal information required to process their order.
In all cases, the final validation of the order will constitute proof of the completeness of the said order in accordance with the provisions of the Law of 13 March 2000 and will constitute payment of the sums incurred by entering the items appearing on the order form.
This validation constitutes signature and express acceptance of all operations carried out on the site.
However, in the event of fraudulent use of a bank card, the Customer is invited to contact Elora's customer service department as soon as such use is discovered.
Liability
Elora has an obligation of result at all stages of the order-taking process and at all stages subsequent to the conclusion of the contract.
Elora therefore undertakes to describe the products sold on the Elora website as accurately as possible. However, Elora may not be held liable in the event that non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law.
Likewise, Elora may not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.
Personal data
Elora reserves the right to collect data on the user, in particular through the use of cookies. The collection of data by Elora, the data controller, is necessary to process the user's requests. Through Elora, you agree to receive commercial offers by mail from other companies or organisations or to be informed of offers from Elora. In accordance with the French Data Protection Act of 6 January 1978, users have the right to access, rectify and object to data concerning them: - or directly on www.elora.com via the contact form, - or by post by writing to Elora - 3 rue de l'Industrie - 49280 LA SEGUINIERE, giving us your surname, first name, e-mail address and, if possible, your customer reference number.
By providing Elora with his e-mail address, the user may receive an order confirmation. Depending on the choice made when creating or consulting his/her account, the user may receive offers from Elora by e-mail, telephone or SMS as indicated when the account was created.
If they do not wish to do so, they may request it at any time, either directly on the Internet using the contact form, or by post to the address below.
Users are informed that this automated processing of information, in particular the management of e-mail addresses, has been declared to the CNIL under number 1264846 dated 27 November 2007.
Elora makes every effort to ensure the confidentiality and security of data transmitted over the web. To this end, the website uses a secure SSL (Secure Socket Layer) payment method.
Intellectual property
All elements of the Elora site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of Elora. Any user who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the homepage of the Elora site, must request authorisation from the Elora company.
This is not an implicit affiliation agreement.
However, any hypertext link to the Elora website using the framing or in-line linking technique is strictly prohibited.
In all cases, any link, even tacitly authorised, must be withdrawn at the request of Elora.
Full
Should any of the clauses of this contract be rendered null and void by a change in legislation or regulations or by a court ruling, this shall in no way affect the validity of and compliance with these general terms and conditions of sale.
Duration
These terms and conditions shall apply for the entire time that the services offered by Elora are online.
Proof
The computerised registers kept in the computer systems of Elora and its partners under reasonable security conditions shall be considered as proof of communications, orders and payments between the parties.
Transaction storage and archiving
Order forms and invoices are archived on a reliable and durable medium in such a way as to correspond to a true and durable copy in accordance with article 1348 of the French Civil Code.
Applicable law and jurisdiction
These terms and conditions are governed by French law. The place of jurisdiction in the event of a dispute shall be the defendant's place of residence or, at the plaintiff's option, the place of actual delivery of the product.
