EKYOG, marque pionnière de la mode éco-responsable depuis 2003 - Pionneer of eco-friendly fashion since 2003

    EKYOG TERMS AND CONDITIONS

    ARTICLE 1. LEGAL INFORMATION

    1.1 Publisher

    You are now logged onto the www.ekyog.com website published by EKYOG, SAS, capital social 10 000,00 €, RCS de Rennes : 809 071 855, siège social : 74 F Rue de Paris, CS 86915, 35069 RENNES CEDEX, téléphone : +33223470990, Email: serviceclient@ekyog.com, intracommunity VAT n°: FR 67 543708562, head of publication: Jean-Philippe LECOURTIER.

    1.2 Host

    The website is hosted by Proximis, HQ: 10 rue des Bluets, 75011 Paris, France, Tel: +33 (0)9 72 26 88 88.

    ARTICLE 2. DEFINITIONS

    “Client”: any individual or private or public company logged onto the website. “Ekyog.com”: EKYOG, SAS, in its capacity of website publisher. “Website user”: any individual or private or public company logged onto the website. “Product”: item sold on the website by Ekyog.com consisting mainly of women’s ready-to-wear products. “Website”: website using the URL www.Ekyog.com and related subsites, mirror websites, portals and URL variations.

    ARTICLE 3. FIELD OF APPLICATION

    The website is freely available to any website users to access. Any website user browsing the website agrees to the terms and conditions. Connection to the website implies full agreement to the terms and conditions. Upon subscribing to the website, agreement is confirmed by checking the box next to the following sentence: “I have read and agreed to the terms and conditions of sale and use.” Website users therefore confirm having read and agreed in full to the terms and conditions. Checking the aforementioned box is tantamount to a hand-written signature from the client. Website users recognize that Ekyog.com’s automatic registration systems are submissible in court and, except where there is evidence to the contrary, it shall not be disputed in the event of litigation. These terms and conditions apply to relationships between the parties to the exclusion of any other conditions and namely those of the client. Agreement to these terms and conditions implies that website users have the required legal capacity to do so or, where necessary, they have the authorization of a guardian or appropriate adult, a legal representative if they are minors or a mandate if they are acting on behalf of a legal person.

    ARTICLE 4. WEBSITE SUBJECT

    The website is intended to sell products to clients.

    ARTICLE 5. ORDER STAGES

    5.1 Orders

    Website users can select one or several products and add them to their basket to make an order. Product availability is stated on the website in the description for each product. When they have selected all the products they wish to order, they can view their basket by clicking on the appropriate button.

    5.2 Order confirmation by website users

    Website users can view their basket to check the quantity and description of the products they have selected and check their individual and total prices. They can remove one or several products from their basket. If they are satisfied with their basket, they can place the order. They will then be redirected to a form to enter their username and password if they already have one or sign up to the website by completing the subscription form with their personal information.

    5.3 Client payment

    Once they have logged in or completed the subscription form correctly, clients can check or amend their delivery and billing information before being redirected to a secure payment interface to complete payment.

    5.4 Order confirmation by Ekyog.com

    Once payment has been received in full by Ekyog.com, the client will receive email confirmation within 24 hours during which time Ekyog.com will email the client a summary of the order and confirm the order is being processed along with any further information.

    ARTICLE 6. PRICES - PAYMENT

    6.1 Prices

    The prices are those displayed on the website on the day of placing the order. These prices may be amended at any time by Ekyog.com. The displayed prices are only valid on the day of placing the order and have no effect on the future. The prices stated on the website are in Euros and include any taxes. Delivery fees are not included in the prices.

    6.2 Payment methods

    Clients can pay by PayPal or card. Card payments are made through secure transactions provided by Crédit Mutuel de Bretagne – CIC. Ekyog.com has no access to any card details should clients pay by card. Payment is made directly through the banks.

    6.3 Invoice

    Ekyog.com will send or provide the client with an electronic invoice after each payment. The client agrees to receive invoices by email.

    6.4 Default on payment

    Agreed payment dates cannot be postponed for any reason including disputes. Invoices that are unpaid by the due date will be legally and without prior notice subject to late fees based on a rate equal to 3 times the legal interest rate, without affecting the due date of the debt. Late payments will also result in the client being billed administration fees totaling 40 Euros, the immediate payment of any outstanding amounts no matter the agreed due dates with a 20% inflation due to the penalty clause and the possibility of terminating the contract unilaterally against the client.

    6.5 Retention of ownership

    Any products sold remain Ekyog.com’s property until their prices have been paid in full as per the retention of ownership clause.

    ARTICLE 7. COMPLAINTS - WITHDRAWAL – GUARANTEE

    7.1 Customer service

    You can contact the website’s customer service department Monday to Friday 9am-12pm and 2pm-6pm by phone (local call charge) (00 33) (0)223470990 or email: serviceclient@ekyog.com or by post to the address stated in article 1 in these terms and conditions. Ekyog.com will be in touch within 1 working day for email and postal queries.

    7.2 Right to withdraw – Remote sales

    As per current legislation regarding remote sales, as a consumer, the client has fourteen clear days to exercise their right to withdraw with no need to justify their reasons or pay penalties except return fees where necessary. The aforementioned period begins on either the day when the remote contract was made for agreements regarding the provision of a service and/or digital content not provided in a material format or the receipt of goods by the consumer or a third party other than the courier designated by the client for product sales agreements and service provision agreements including the delivery of goods. In the event of an order for several products delivered separately or an order for a product made up of multiple parts whose delivery is staggered over a set time, the period begins upon receipt of the final products or package or final part. In the case of agreements for scheduled deliveries of goods over a set time, the period begins from receipt of the first product. Should the fourteen day period end on a Saturday, Sunday or bank holiday, it is extended to the next working day.

    The consumer returns the products to the company or anyone designated by the company without excessive delay and within fourteen days of communicating their decision to withdraw. Upon exercising the right to withdraw, the company must refund the consumer in full as soon as possible and within fourteen days of the date the right was exercised. Where necessary, the company can postpone the refund until the goods have been returned or the consumer has proved the goods have been shipped, whichever option is faster. Afterwards, the due amount is, by law, subject to interest at the current legal rate as stated in article L. 121-21-4 in the French Consumer Code. Where necessary, the company makes the refund using the consumer’s initial payment method unless otherwise agreed in writing by the consumer to use another payment method and on condition that the consumer does not have to pay additional fees for the refund. However, the company is not required to refund additional fees if the consumer has expressly chosen a more expensive delivery method than the standard delivery method provided. The goods must be returned in their original packaging and condition with all their labels and must not have been worn, used or washed and must include the returns label. Failing that, the user loses their right to withdraw and the goods will be returned at their cost. The right to withdraw does not apply to the following agreements:

    -provision of goods made bespoke or to the consumer’s specifications

    -provision of goods that the consumer has unsealed after delivery and cannot be returned for health and safety reasons

    The right to withdraw does not apply to agreements completed in full by both parties upon the consumer’s written request before the client exercises their right to withdraw.

    7.3 Agreement rescission by the client

    The client can rescind the agreement by certified delivery should the product delivery date exceed seven days. The client will then be refunded any monies paid for the order. This clause does not apply if the delivery delay is due to a force majeure. In this case, the client agrees not to begin proceedings against Ekyog.com and shall not rescind the sale detailed in this article.

    7.4 Guarantees

    7.4.1 Guarantee against patent defects and faults

    It is the client’s responsibility to check the condition of the products upon delivery. This includes checking the standard, quantity and product references and that they match the order. No claims will be addressed after three days from the date of delivery. In all circumstances, any claim regarding delivered packages will only be addressed if the client acting as trader has expressed reservations to the courier as per articles L. 133-3 etc. in the French Code of Commerce.

    7.4.2 Guarantee against latent defects and faults

    Clients have a legal guarantee for compliant delivery (article 1604 of the French Civil Code), a legal guarantee against latent defects (article 1604 etc. of the French Civil Code) and a safety guarantee (article 1386-1 etc. of the French Civil Code). Clients acting as consumers also have a legal guarantee for compliance (article L. 211-1 etc. of the French Consumer Code).

    7.4.3 Returns

    Clients have 14 days from the order shipment date to return a product. After this period, delivered products are deemed suitable and accepted by the client and EKYOG reserves the right to refuse refunds. The client has a period of 14 clear days from the order shipment date to:

    1- request a refund for the products without having to justify their reasons or pay a penalty

    2- return goods using the Colissimo returns label provided in the packaging. EKYOG then covers returns fees for Mainland France; outside this area, up to 20€ will be refunded for returns fees. To track the package, the return must be made by Colissimo using the post office label provided or by certufued delivery from Belgium and Luxembourg to the following address: Geodis Logistics Ouest Retour EKYOG 19 Rue du Bignon - ZI Sud-Est CS 66316 35063 Rennes Cedex FRANCE. To make a return, you must log onto My Account and follow the returns instructions below otherwise it will not be processed. Returns must be made within 20 days of the order shipment date.

    To make a return, the client must:

    1- Log onto the EKYOG website, visit “Product Return” in the online account and click on “New return request”

    2- Click on the order in question and select the product/s in question by clicking “return request”

    3- Select the refund method. The client is given a returns number and instructions about returning the products.

    4- Print the returns request and attach it to the package so that the connection can be made between the return and the order. The ordered products will only be refunded once EKYOG has verified the quantity and standard of the returned products. The client is responsible for the products’ return fees. The items will be refunded within 14 days of the date EKYOG receives the returned products. An email confirming the refund will be sent to the client on the day the refund is made.

    ARTICLE 8. PERSONAL ACCOUNT

    8.1 Creating a personal account

    Creating a personal account is essential to anyone wanting to make an online order. Website users must provide a certain amount of personal information to create the account. Some of this information is compulsory to create a personal account. Should the website user refuse to provide this information, they will be unable to create a personal account and, consequently, place an order. Upon creating a personal account, website users can choose a password. This password guarantees the information in the personal account is confidential. Website users must never share their password with a third party. Should they do so, Ekyog.com shall not be held responsible for any unauthorized access to a website user’s personal account. The client agrees to regularly check any personal information and make any necessary updates or amendments on their personal account online.

    8.2 Personal account content

    8.2.1 General

    The personal account enables the client to view and track any orders made on the website, view the status of any returns and amend delivery and billing addresses. The account holder is free to print any pages on their personal account but they are not admissible evidence in court. They are purely for information purposes to ensure the client’s orders are efficiently managed. Ekyog.com is committed to safely storing all contractual items whose safeguarding is required by current legislation.

    8.2.2 Client contribution

    Clients have the opportunity to contribute to the website’s content by publishing comments about their product usage and their relationship with Ekyog.com. Comments must be provided in French. They are subject to approval by Ekyog.com or its team of moderators. By clicking “Confirm” to publish a comment, the client gives Ekyog.com a free non-exclusive copyright license for the aforementioned comment. Therefore, the client authorizes Ekyog.com to share their comment in full or in part with the online audience on the website, in Ekyog.com newsletters and Ekyog.com’s partner websites. The client authorizes Ekyog.com to copy their comment to communicate with the online audience and produce marketing and promotion tools for the website. The client authorizes Ekyog.com to translate their comment into any language to communicate with the online audience and use it on sales and promotional tools. Adaptation rights also cover the right to make any technically necessary alterations to use the comment on other formats. The current license is provided for sales and advertising purposes. It is provided for the duration of the rights for use in France and abroad. The client agrees that they have the required intellectual property and authorizations to publish their comment. The client agrees to act on any request by Ekyog.com for any court cases against them due to their comment and guarantee them against any fees and sentences brought against it including legal fees.

    8.3 Personal account removal

    Ekyog.com reserves the right to remove the account of any client breaching these terms and conditions namely in the event of providing inaccurate, misleading or fraudulent information or if the personal account is inactive for at least one year. The removal does not constitute a fault on Ekyog.com’s part or damage to the removed client who is not due compensation for the removal. The removal does not exclude the possibility for Ekyog.com of taking legal action against the client should it be justified.

    ARTICLE 9. DELIVERY

    9.1 Delivery fees

    Delivery or supply fees are, under all circumstances, stated to the client before payment and only affect deliveries to Mainland France and Corsica. For deliveries outside these areas, the client must contact customer service. Delivery fees stated on the website are in Euros and include all taxes.

    9.2 Delivery time

    Orders are delivered by Colissimo within 7 working days of receipt of payment by Ekyog.com. Some products and order quantities may require longer than 7 working days. This will be stated to the client upon order confirmation.

    9.3 Damaged package

    Should a package be patently or visibly damaged upon delivery, it is the client’s responsibility to refuse delivery to benefit from the courier’s guarantee. The client must also inform the vendor immediately so a new package can be prepared and sent upon receipt of the returned damaged package. In this case, the aforementioned delivery times do not apply.

    ARTICLE 10. PARTNER NEWSLETTERS

    As the client agrees to share personal information (including email addresses) with third party website partners, they may receive newsletters (commercial or not) from these partners in frequencies and formats stated by these partners. The client can unsubscribe at any time by clicking the appropriate link on every newsletter sent by the partners. Where necessary, the client may have to unsubscribe by contacting the newsletter sender/s. Under no circumstances shall Ekyog.com be held responsible for the content, data and formats of newsletters sent by partners no matter the damage suffered by the client. Any complaints must be sent to the partner sending the newsletter.

    ARTICLE 11. DATA PROTECTION

    11.1 CNIL Declaration - Controller

    The Ekyog.com records containing personal data regarding website users and clients have been subject to a declaration to the CNIL registered as n° 1228560.

    11.2 Optional data provision

    Website users are free to provide any personal data. The provision of personal data is not essential to browsing the website.

    11.3 Data provision required for subscription

    However, subscription to the website requires Ekyog.com to be provided with a certain amount of personal information regarding website users. Website users who do not wish to provide the information required cannot make an order on the website.

    11.4 Respect of the reason for collecting personal data

    Any collected personal data is subject to computer processing and exclusively reserved to Ekyog.com. This data is required for the website to be correctly administered and for the respect of contractual obligations by Ekyog.com. The data is stored by Ekyog.com in this sole capacity. Ekyog.com agrees not to use the data for another purpose or share it with third parties unless clients expressly agree to it or if required to by law. Personal data shall not be transferred overseas.

    11.5 Right to access, rectify and contest

    The details of any client subscribed to the website are saved for one year, the reasonable period required for the website’s administration and appropriate data use. These details are stored in secure conditions using current technical means as per the French Data Protection Act. The act states that clients have the right to contest, question, access and rectify any data they have provided. To do so, please email Ekyog.com using the following email address: jplecourtier@ekyog.com or send a letter to Ekyog.com’s HQ stated in article 1 in these terms and conditions.

    ARTICLE 12. COOKIES AND WEBSITE USERS’ IP ADDRESSES

    12.1 Cookies

    12.1.1 Purpose of cookies

    Ekyog.com transfers cookies to website users’ internet browsers to improve their user experience and improve the functioning of the various interfaces and applications.

    12.1.2 What are cookies?

    Cookies store information about website use (browsing date, page, time) and any information entered by the website users during their visit (searches, login, email, password). These cookies are stored on the website user’s computer for a variable amount of time up to {#duree_cookies} and can be read and used by Ekyog.com during a later visit to the website by the user.

    12.1.3 Refusing cookies

    Website users have the option to block, modify storage periods or delete cookies using the browser interface (usually in tools or options/privacy or confidentiality). In this case, the user experience will not be optimized. Should the website user’s browser systematically disable cookies and stop them using certain services, this malfunction shall not constitute any damage to the client who cannot claim compensation.

    12.1.4 Cookie removal

    Website users can also remove any cookies in their computer by using the appropriate menu in their browser (usually in tools or options/privacy or confidentiality). Website users will then lose the benefits provided by cookies.

    12.2 IP addresses

    12.2.1 Definition and collection of IP addresses

    An IP address is a series of figures separated by dots for the unique identification of a computer on an internet network. Ekyog.com reserves the right to collect any website user’s public IP address. The IP address will be collected anonymously. Website users’ IP addresses will be stored for the period required by law.

    12.2.2 Communication of IP addresses

    Ekyog.com must communicate any personal data related to a website user to the police with a court order or anyone with a court ruling. The IP address may be used to find a website user’s identity should this information be communicated by an internet access provider.

    ARTICLE 13. EKYOG.COM LIABILITY

    13.1 Ekyog.com’s duties

    Ekyog.com agrees to provide due care and diligence to the supply of quality products in line with the specifications of these terms and conditions. Ekyog.com is solely obligated to make the best endeavors with regards to the services detailed in the terms and conditions.

    13.2 Force majeure – Client negligence

    Ekyog.com shall not be held responsible due to force majeure or client negligence, as defined in this article:

    13.2.1 Force majeure

    For the purposes of these terms and conditions, the following is considered a force majeure binding the client: any impediment, limitation or obstruction to the service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, supplier failure to access, transmission network failings, collapse of installations, illicit or fraudulent use of passwords, codes or references provided by the client, computer hacking, security fault due to the website host or designers, flood, power cut, war, embargo, law, injunction, demand or claim by any government, requisition, strike, boycott or any circumstances outside Ekyog.com’s control. In these events, Ekyog.com shall not be required to fulfil its duties due to impediment, limitation or obstruction.

    13.2.2 Client negligence

    With regards to these terms and conditions, client negligence binding the client covers any misuse of the service, fault, negligence, omission or failure on their part or that of their employees, failure to follow the advice provided by Ekyog.com on the website, any disclosure or illicit use of the client’s password, codes or references and the provision of incorrect or out of date information in the client’s personal area. Client negligence also covers the implementation of any technical means, such as robots or automatic repeat queries, whose implementation would infringe the letter and spirit of these terms and conditions.

    13.3 Technical issues – Hypertext links

    Should the client be unable to access the website due to technical issues of any kind, the client cannot claim any loss or apply for any compensation. The unavailability of one or several online services, even for a prolonged period and without any limitation, does not constitute a loss for clients and shall not result in the award of damages or compensation from Ekyog.com. Hypertext links on the website may send clients to other websites. Ekyog.com shall not be held responsible if these websites’ content infringes current legislation. Ekyog.com shall not be held responsible if the website user’s visit to one of these websites should cause offence. Given the current state of technology, the depiction of product images available to buy on the website, namely in terms of color and shape, may vary significantly from one computer to the next or may differ in reality due to the standard of graphic features and the screen or the resolution. Under no circumstances can any variations and differences be attributed to Ekyog.com and they shall not be held responsible for it.

    13.4 Damages-compensation paid by Ekyog.com

    In the absence of legal or regulatory dispositions to the contrary, Ekyog.com shall only be held responsible for direct, personal and certain damage suffered by the client and related to the fault in question. Under no circumstances shall Ekyog.com be held responsible for indirect damage such as data loss, loss of business, loss of orders, impact on brand image, business problems and the loss of profit or clients. Also and on the same terms, the cost of damages and compensation paid by Ekyog.com shall not exceed the price of the product ordered.

    13.5 Liability as website host

    The client is liable for any information published on the website by the client e.g. comments. Ekyog.com shall therefore have the status of a data hosting provider as per article 6-I-2 in the French Trust in Digital Economy Act. As per paragraph 3 in the article, Ekyog.com shall not be held civilly or criminally liable for these comments unless they do not promptly act to remove the information or make it impossible to access upon being made aware of the illicit activity or information.

    ARTICLE 14. INTELLECTUAL PROPERTY

    The content (text, images, diagrams etc.), structure and software used for the website to function are protected by copyright and database law. Any full or partial representation or reproduction produced without the consent of Ekyog.com or its beneficiaries or successors constitutes a violation of Books I and III of the French Intellectual Property Code and may result in legal proceedings. This also applies to the translation, adaptation or transformation, arrangement or reproduction using any means whatsoever. Any information published on the website is for reference only and its accuracy cannot be guaranteed. Ekyog.com cannot be held responsible for any omission, inaccuracy or error contained in this information that may cause direct or indirect damage to the website user.

    ARTICLE 15. GENERAL TERMS

    15.1 Applicable law

    The terms and conditions are subject to French legislation.

    15.2 Amendment of terms and conditions

    These terms and conditions can be amended at any time by Ekyog.com. The terms and conditions applying to the client are those in force on the day of placing the order or logging onto the website, any later connection to the personal space implies agreement to any new terms and conditions where necessary.

    15.3 Amicable dispute resolution

    Except for public policy provisions, any dispute that may arise from the execution of the terms and conditions must, before any legal action, be submitted to Ekyog.com with a view to an amicable resolution.

    15.4 Entirety

    In the event of a clause in the contract being void, this shall not apply to the other contract’s clauses or the contract in its entirety which shall remain in full force and effect. In this case and where possible, the parties must replace the voided stipulation with a valid stipulation in line with the spirit and subject of the terms.

    15.5 Non-waiver

    Should Ekyog.com not exercise the rights it is given by the terms and conditions, this cannot be interpreted as a waiver to exercise their rights.

    15.6 Indemnity clauses

    The stipulations of these terms and conditions are subject to the respect of the French Consumer Code’s mandatory provisions regarding indemnity clauses in the contracts between a professional and a consumer.

    ORDER CANCELLATION TERMS FOR REMOTE SALES TO A CONSUMER

    In the event of remote sales as stated in article L. 121-16 of the French Consumer Code, within fourteen days (including bank holidays) of the order or agreement to purchase, the client in their capacity as a consumer can cancel it by sending a letter by certified delivery. If the period ends on a Saturday, Sunday or bank holiday then it is extended to the next working day. Any clause in the contract by which the client abandons their right to waive their order or agreement to purchase is null and void. This article only applies to contracts under the terms stated in article L. 121-16-1.