The EMPEREUR online sales site has been set up and is operated by SAS MAISON EMPEREUR, a limited liability company with capital of €42,000, registered with the Marseille Trade and Companies Register under number 057 813 677, with its registered office at 4 rue des Récolettes 13001 Marseille, France, intra-community VAT: FR 960 578 13 677
Contact details for SAS MAISON EMPEREUR :
- Postal address: 4 rue des Récolettes, 13001 Marseille
- E-mail address : eshop@empereur.fr
- Telephone: 04 91 54 02 29 (cost of a normal call from a landline)
Any order placed for a product featured on the website is subject to the following conditions www.empereur.fr implies prior consultation of these terms and conditions.
Placing an order implies full and unreserved acceptance of these terms and conditions of sale.
Consequently, the customer acknowledges that he is fully aware of the fact that his agreement to the content of these general terms and conditions of sale does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented on the website www.empereur.fr.
The customer has the option of saving or editing these general terms and conditions of sale, it being specified that both saving and editing of this document are the sole responsibility of the customer.
The seller reserves the right to modify these terms and conditions of sale at any time. It is therefore the customer's responsibility to ensure, when placing an order, that he/she has the latest general terms and conditions of sale, which are permanently available on the website www.empereur.fr.
ARTICLE 1
SAS MAISON EMPEREUR is the owner of the website www.empereur.fr in its entirety. Any reproduction, in whole or in part, is systematically subject to the authorization of MAISON EMPEREUR. However, hypertext links to the site are authorized without specific request.
ARTICLE 2 - PRODUCT INFORMATION
MAISON EMPEREUR is committed to provide the utmost care to information relating to the characteristics of products placed online.
The photographs illustrating the products on the site www.empereur.fr are as close to reality as possible. MAISON EMPEREUR cannot be held responsible for any difference in perception between the photographs and the products in terms of color, size or shape.
ARTICLE 3 - PRICES
The sales prices indicated on the site are in euros and include all taxes.
Prices displayed on the site are subject to change at any time.
The applicable price is that indicated on the site on the date the order is registered by the customer.
Any delivery costs are indicated to the customer at the end of the order and before its final validation, in addition to the price of the products selected.
ARTICLE 3 BIS -IMPORT CHARGES, CUSTOMS DUTIES AND LOCAL TAXES
For orders delivered in outside the European Union, the customer is informed that import charges may be applied by the authorities of the country of delivery.
Depending on local legislation, these charges may include: customs duties, import taxes, local VAT, customs clearance fees, or any other tax that may be required on entering the country.
These costs are not included in the prices shown on the emperor.fr website nor in the amounts invoiced by MAISON EMPEREUR at the time of the order. They remain entirely the responsibility of the customer, who is solely responsible for the payment of all taxes, duties or additional fees imposed in the country of delivery.
It is the Customer's responsibility to inquire prior to ordering about taxes and fees that may apply in his country of residence or delivery. MAISON EMPEREUR cannot be held responsible for any delay, customs immobilization or return of a parcel resulting from the non-payment of these fees by the Customer.
Refusal to pay import fees and consequences
In the event of refusal by the Customer to pay the import charges required by local authorities or the carrier, resulting in the return of the package to MAISON EMPEREUR, the Customer acknowledges that :
- MAISON EMPEREUR can only proceed to a partial refund of the order ;
- the costs incurred for processing the parcel will be deducted from the amount reimbursed, including in particular :
- initial shipping costs ("outbound shipping costs"),
- return shipping costs charged by the carrier,
- any additional costs charged to MAISON EMPEREUR by the carrier or competent authorities (processing fees, storage, inspection, customs clearance, etc.).
The Customer is expressly informed that these costs may, in certain cases, exceed the initial shipping costs due to customs and logistics costs associated with the return of an international parcel.
ARTICLE 4 - ORDERING
4.1. Customer account
4.1.1. When placing an order, the customer agrees to provide the information requested, such as surname, first name, postal and e-mail address and telephone number.
4.1.2. The information provided by the Customer is essential for the processing of his order, the delivery of his order and the establishment of invoices, the absence of this information will result in the cancellation of the order transmitted by the Customer to MAISON EMPEREUR.
4.2. Customer order transmission procedures
All orders must be placed via the Internet on the Site www.empereur.fr; it can be placed 24/7.
Our customer service is open from Tuesday to Friday from 9:00 am to 7:00 pm. You can reach us by phone on 07 67 10 63 19.
All information concerning possible closures (public holidays, vacations...) of our warehouses and our sales department will be mentioned on the home page of the site.
4.3. Order confirmation by MAISON EMPEREUR
4.3.1. All orders sent by the Customer to MAISON EMPEREUR will be confirmed by email to the address provided by the Customer within 48 hours of receipt of the order. The order confirmation will be considered valid even if the email address provided by the Customer is incorrect.
4.3.2. In the absence of confirmation by MAISON EMPEREUR, the Customer's order will be considered as not received by MAISON EMPEREUR.
4.3.3. Only effective payment of the order by the Customer and acceptance of the present terms and conditions of sale will result in final validation of the order.
4.3.4. MAISON EMPEREUR reserves the right to refuse any order transmitted by a customer for whom there is an order or payment in dispute until this situation is regularized.
ARTICLE 5 - PRODUCT AVAILABILITY
In case of stock shortage between the time of the order and its receipt by MAISON EMPEREUR, MAISON EMPEREUR agrees to inform the Customer within 48 hours and offer him the choice :
- either cancellation and reimbursement of the order
- or the shipment of a similar product of equivalent quality and price.
ARTICLE 6 - SECURE ORDER PAYMENT
6.1. MAISON EMPEREUR offers the following payment methods:
Payment by credit card: MAISON EMPEREUR or any trusted third party intermediary such as Paypal or any banking institution acting in its name and on its behalf will debit the customer's credit card for the total price of the order (including shipping). In the absence of authorization to debit the customer's credit card, the customer's order will not be accepted by MAISON EMPEREUR.
Online payment by credit card is made via the 3DSecure or Paypal security system, which enables secure encryption of bank details during transmission over the network. MAISON EMPEREUR does not store any of its customers' bank details.
MAISON EMPEREUR will not ship the order before receiving the payment on its bank account, since the order will be final only after payment of the corresponding price.
6.2. As part of the fight against payment fraud, MAISON EMPEREUR verifies the reliability of the information entered by the customer during the registration of the order.
ARTICLE 7 - SHIPPING AND DELIVERY TIMES
7.1. Place of delivery
Products ordered by the Customer on the Site www.empereur.fr can be delivered in mainland France, including Corsica, and abroad.
7.2. Delivery date
The estimated delivery date is determined by the following 3 factors:
- Order validation times (24 to 48 hours maximum) corresponding to order payment confirmation times and any verification of the Customer's personal data
- Order dispatch time (see 7.3 below).
- The delivery time, which depends on the delivery method and the country in which delivery is to be made.
7.3. Delivery times for products in stock
7.3.1. When the customer's order is transmitted and confirmed by MAISON EMPEREUR before 12 pm - Paris time - from Monday to Friday, excluding holidays, the shipment of the order will be made by MAISON EMPEREUR the next day, or the Monday of the following week for orders made on Friday.
7.3.2. Any order transmitted by the Customer and validated by MAISON EMPEREUR after 12:00 pm - Paris time - from Monday to Friday, excluding holidays will be shipped the following day, or on Tuesday of the following week for orders received on Friday.
7.3.3. All orders sent to MAISON EMPEREUR during the weekend will be confirmed on Monday and, subject to payment by the Customer, shipped on Tuesday.
7.3.4. The deadline for delivery of the order will be communicated to the Customer upon confirmation of the order sent by MAISON EMPEREUR to the email address provided by the Customer.
7.3.5. In case of delay in delivery of more than 7 (seven) days, with regard to the deadline for delivery announced by MAISON EMPEREUR, the Customer has the opportunity to cancel the order concerned by registered letter with acknowledgment of receipt.
7.3.6. In this case, MAISON EMPEREUR undertakes to reimburse the Customer the sums paid within 30 (thirty) days from the date of payment of the order.
ARTICLE 8 - DELIVERY TERMS
8.1. No order will be shipped by MAISON EMPEREUR in the absence of payment of the full price unless promotional or marketing operations provide otherwise.
8.2. The order will be delivered to the address specified by the Customer during the validation of the order. MAISON EMPEREUR only delivers on working days and during working hours.
8.3. In the event of absence of the Customer or of the recipient of the parcel in the event of delivery to a different address, the carrier will leave a calling card allowing the parcel to be collected.
8.4. MAISON EMPEREUR can therefore not be held responsible for delays, defects or delivery problems that may result from the provision of erroneous information by the Customer. Only the Carrier can judge the accessibility of the premises.
8.5. MAISON EMPEREUR will provide the Customer with all necessary information to enable him to track the shipment and delivery of the order.
8.6. In case of non-receipt of a package within the specified time, and once informed by the Customer, MAISON EMPEREUR will open an investigation with its carrier.
8.7. The customer will then receive an e-mail indicating that an investigation is underway. The final response time from the carrier is generally between 14 and 21 working days.
8.8. If the parcel is found, it will be sent to the customer. The delivery procedure described above will follow its normal course.
8.9. If the package is declared lost, MAISON EMPEREUR will then notify the Customer and proceed with the formalities for reimbursement of the order corresponding to the lost package (products and shipping costs).
8.10. Delayed delivery shall not give rise to any compensation or refund.
ARTICLE 9 - PRODUCT CONFORMITY
9.1. Upon receipt of the order, the customer must verify the conformity of the products delivered with the order transmitted to MAISON EMPEREUR and the good condition of the products delivered. The customer (or his representative) must unpack the product in the presence of the carrier before signing the delivery note. If the product presents a defect, the customer must indicate his reserves (damaged product, or not in conformity...) on the delivery order, accompanied by his signature as well as that of the deliveryman and inform the company MAISON EMPEREUR by e-mail.
In the case of a package likely to have been opened or in the presence of obvious traces of deterioration, it is the Customer's responsibility to make any reservations and claims that appear justified, or even to refuse the package. Said reservations and claims must be addressed to the carrier by registered letter with acknowledgment of receipt within 3 working days after delivery of the products, a copy will be immediately sent to MAISON EMPEREUR.
9.2. In the event that such information has not been included on the delivery note presented to the customer by the carrier, or in the absence of a written complaint to the carrier within the aforementioned period, no claim regarding the condition of the package(s) can be accepted a posteriori by MAISON EMPEREUR.
ARTICLE 10 - RIGHT OF WITHDRAWAL
In accordance with the provisions of articles L. 121-21 et seq. of the French Consumer Code, you have a period of fourteen calendar days current from receipt of the last product in your order to exercise your right of withdrawal without having to justify your reasons or pay penalties, With the exception of return shipping costs, which remain at your expense.
You are responsible for transporting the returned products; any damage to the products in this way may prevent you from exercising your right of withdrawal.
10.1. How to exercise your right of withdrawal
To exercise your right of withdrawal, you must notify us of your decision to withdraw from your order. This notification must be made in writing, by returning the following form, completed and signed, to the postal address indicated:
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of Maison Empereur, 4 rue des récolettes, 13001 Marseille, eshop@empereur.fr [le professionnel insère ici son nom, son adresse géographique et, lorsqu'ils sont disponibles, son numéro de télécopieur et son adresse électronique] :
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of services (*):
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only in the case of notification of this form on paper) :
Date :
(*) Delete as appropriate.
Send this letter by registered mail with acknowledgement of receipt.
On receipt of your cancellation request, we will send you an acknowledgement of receipt with a returns number and details of how to return your package. We recommend that you print and stick this return number on the parcel to speed up processing of your request.
Only items returned in a condition permitting their resale by Maison Empereur (this presupposes that they are returned in their original packaging or, at the very least, in packaging permitting equivalent protection of said items during their return transport) will be accepted. Consequently, items returned incomplete, damaged or soiled will not be accepted.
10.2. Exceptions
In accordance with article L121-21-8 of the French Consumer Code, the right of withdrawal cannot be exercised including for :
- Goods made to your specifications or clearly personalized
- Goods likely to deteriorate or expire rapidly
- Goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection
10.3. Refunds in the event of withdrawal
Following your withdrawal request, Emperor's House, in accordance with the law, we will reimburse you within a period of 14 days following notification of your request for retraction. In the absence of receipt of your product or proof of shipment of your product within this period, Maison Empereur reserves the right to postpone your refund until the day of receipt of your product
ARTICLE 11 - RETURNS PROCEDURE
11.1. How do I return a product ?
Before returning any goods, please send an email to eshop@empereur.fr or call us on 07 67 10 63 19 indicating :
- The returned product
- The reason for the return
- Invoice number
- Your name, address and telephone number
You will receive a return number for your product within 48 working hours.
11.2. Where can I return the product ?
The goods must be sent to us packed and insured with the carrier for the market value of the product. These precautions are necessary in the event of damage or loss of the goods by the carrier.
Small items can be returned to us by post.
For larger products, we can give you the contact details of the carriers we work with.
Please send us an e-mail to the following address: eshop@empereur.fr.
The right of return will only be accepted for products in their original condition and complete (original packaging, any accessories, documentation).
Products returned incomplete, damaged or soiled by the customer will not be accepted.
Returns should only be sent to the following address:
MAISON EMPEREUR E-SHOP
3, rue d'Aubagne
13001 Marseille
FRANCE
Accompanied:
- The returns number you have been given
- Sales invoice
- Your full name, address and telephone number.
11.3. Refund
Upon receipt of the return package, we will check the returned products to determine whether they meet the return conditions.
As soon as the return has been validated, you will receive a message proposing your return:
- Or exchange for an identical product
- Or exchange for another product of similar value while stocks last
- Either reimbursement
MAISON EMPEREUR will reimburse you by check or bank transfer within a maximum of 30 days from the day the right was exercised.
ARTICLE 12 - LEGAL TEXTS
12.1. The products marketed by MAISON EMPEREUR benefit, under the conditions provided for in Articles 1641 and 1649 of the Civil Code and L211-4 et seq. of the Consumer Code, from :
- Legal warranty against hidden defects,
- Legal warranty of conformity.
CIVIL CODE
Article 1641
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1649
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
CONSUMER CODE
Article L211-4
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L211-5
To conform to the contract, the good must :
1° 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 in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L211-12
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
12.1. In the event of a defect preventing normal use of the product delivered by MAISON EMPEREUR, the Customer may return the defective item accompanied by a copy of the invoice, the warranty card and the return number obtained in accordance with the procedure detailed in article 11.1.
12.2. The Customer may ask MAISON EMPEREUR, at his choice :
- delivery of a product identical to the one ordered, while stocks last ;
- delivery of a product of equivalent quality and price, while stocks last ;
- reimbursement of the price of the product at the date of the order within 30 (thirty) days of the request.
ARTICLE 13 - DISPUTES AND LIABILITY
13.1. MAISON EMPEREUR cannot be held responsible for the non-execution of the concluded contract:
- In the event of force majeure, blockage of telecommunications networks, strike, national or local state of emergency, bad weather, etc., we will be obliged to cancel the contract.
- in the event of fault on the part of the customer,
- the unforeseeable and insurmountable act of a third party to the contract.
13.2. MAISON EMPEREUR cannot be held responsible for the consequences resulting from the misuse of products sold on the Site.
ARTICLE 14 - PROTECTION OF PERSONAL DATA
14.1. Personal data
14.1.1. MAISON EMPEREUR collects and saves information related to the Customer, an individual, constituting personal data. This data is stored in an internal database.
14.1.2. Subject to the express consent of the customer formalized when creating his customer account, MAISON EMPEREUR may send newsletters and promotional emails offering new products, clearance offers, exclusives, bargains, etc..
14.1.3. At any time, the customer may request to no longer receive e-mails, either by clicking on the link provided for this purpose in the e-mails, or by logging on to their customer area, or by sending an e-mail to Customer Service at the following address: eshop@empereur.fr.
14.1.4. In application of the French law n°78-17 "Informatique et Libertés" of January 6, 1978, the Customer has a permanent right of access, rectification and deletion on all personal data communicated to MAISON EMPEREUR. Any such request should be addressed to eshop@empereur.fr.
14.2. Cookies
The Site uses cookies. These files stored on the customer's computer are used to facilitate access to the services offered by the vendor. The site's cookies do not contain any personally identifiable information and are designed to be used solely by MAISON EMPEREUR. The customer may at any time refuse to accept cookies by configuring his or her computer as described on the website: http://www.cnil.fr.
ARTICLE 15 - INTELLECTUAL PROPERTY
15.1. The name MAISON EMPEREUR has been registered as a Community trademark by MAISON EMPEREUR.
15.2. The community trademark MAISON EMPEREUR and the domain name empereur.fr, its regional or thematic derivatives, constitute protected names belonging to MAISON EMPEREUR.
15.3. Any use of terms associated with Maison Empereur is prohibited without the prior written consent of MAISON EMPEREUR.
15.4. The Site and its content are protected under the French Intellectual Property Code, in particular by copyright and trademark law.
15.5. Elements published on the Site www.empereur.fr including but not limited to logos, texts, photographs, images or drawings, constitute works protected by intellectual property rights or personal rights. In application of the Intellectual Property Code and, more generally, international treaties and agreements containing provisions relating to the protection of copyrights, the Customer agrees not to reproduce, even partially, sell, distribute, issue, broadcast, adapt, modify, publish, communicate in whole or in part, in any form whatsoever the presentation or organization of the Site without the prior written consent of MAISON EMPEREUR.
15.6. Any violation of the rights and obligations listed above would constitute an infringement of the intellectual property rights of MAISON EMPEREUR.
ARTICLE 16 - ACCESS TO THE SITE
16.1. Access to all or part of the Site may be suspended or terminated by decision of MAISON EMPEREUR in case of force majeure, computer or technical difficulties, difficulties related to the structure of telecommunications networks, blockage of telecommunications networks, strike, state of national or local emergency, bad weather, etc..
16.2. Similarly, access to the Site may be interrupted for maintenance purposes.
16.3. The Site may be modified or changed at any time, including in terms of functionality, without prior notice of any kind and without the Customer being able to invoke any prejudice whatsoever.
ARTICLE 17 - APPLICABLE LAW AND JURISDICTION
17.1. These general terms and conditions and any contract entered into pursuant hereto are governed by French law.
17.2. Any dispute relating to the validity, interpretation and/or performance of these terms and conditions or of any contract entered into with a merchant or trading company shall be subject to the jurisdiction of the Courts of Marseille.
ARTICLE 18 - INFORMATION REQUIRED BY ARTICLE 6 OF LAW NO. 2004-575 OF JUNE 21, 2004
Site Publication Director: Laurence RENAUX Operating company: SAS MAISON EMPEREUR, with a share capital of 42,000 euros, registered with the RCS of Marseille under number 057 813 677 and whose registered office is 4 rue des Récolettes, 13001 Marseille.
Intracommunity VAT number: FR 960 578 13 677
Customer service telephone number: 04 91 12 82 48
Host : IPSAS - 12 traverse du siphon, 13012 Marseille - Tél : 04 84 89 04 04 - www.ipsas.fr