Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
Article 1. Scope of Application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company "EB DEZIGN" ("the Seller"), owner of the brand "EMANUELA BOROK", with consumers and non-professional buyers ("the Customers or the Customer") wishing to purchase the products offered for sale by the Seller ("the Products") on the website "www.emanuelaborok.com". They specify in particular the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by specific conditions set out on the website prior to any transaction with the Customer. These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to in-store sales or sales through other distribution channels. They are accessible at any time on the website "www.emanuelaborok.com" and shall prevail over any other version or contradictory document. As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website at the date the order is placed.
Article 2. Products Offered for Sale
The Products offered for sale on the website "www.emanuelaborok.com" are ready-to-wear clothing and fashion accessories. The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity, are presented on the website "www.emanuelaborok.com". The Customer is required to read them before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the website "www.emanuelaborok.com" are not contractual and shall not engage the Seller's liability. The Customer must refer to the description of each Product to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract. Contractual information is presented in French and is confirmed at the latest at the time the Customer validates the order. For all Products shipped outside the European Union and French overseas territories, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes, import duties or state taxes may be applicable. These shall be borne by and are the sole responsibility of the Customer.
Article 3. Validity Period of Product Offers
Product offers are valid within the limits of available stock, as specified when the order is placed.
Article 4. Seller's Contact Details
The Seller's contact details are as follows: EB DEZIGN – 9, rue Rousselet – 75007 PARIS – France – RCS Paris n°853577799 – Siret n°85357779900010. Email: contact@emanuelaborok.com – Phone: +33(0)6 25 96 73 75.
In accordance with the French Data Protection Act of 6 January 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, object to, erase and port all of their personal data by writing, by post and providing proof of identity, to the Seller's address mentioned above. Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale. The Customer acknowledges having the legal capacity to contract and purchase the Products offered on the website "www.emanuelaborok.com".
Article 5. Orders
5.1. Placing an Order
The Customer must select on the website "www.emanuelaborok.com" the Products they wish to order, according to the following procedure:
– Step 1: The customer selects the chosen products and adds them to their cart after selecting the desired size and colour. The cart located at the top right of the screen confirms the selections by indicating the number of products it contains.
– Step 2: The customer checks the contents of their cart by clicking "order" to access the order summary. The customer can then modify their order (product, size, quantity). The total price including tax, distinguishing the product price from the delivery costs, is indicated in the summary.
– Step 3: Once the order has been checked and modified if necessary, the customer validates their cart to finalise the order by clicking "order" again. If the customer has a discount code reserved for loyal customers, they must enter it in the designated field before benefiting from it.
– Step 4: The customer enters their delivery and billing details.
All fields are required to finalise the order; unless otherwise indicated by the customer, the billing address will automatically be the same as the delivery address. If the customer has previously placed an order on the site, they have a customer account and will only need to log in with their email address and password. The customer then checks all information and clicks "confirm" to proceed with the order.
The Customer has the opportunity to check the details of their order, its total price and to correct any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and to immediately report or correct any error.
An order is registered on the website "www.emanuelaborok.com" when the Customer accepts these General Terms and Conditions of Sale by ticking the relevant box and validates their order. This validation implies acceptance of all of these General Terms and Conditions of Sale as well as the general terms of use of the website "www.emanuelaborok.com".
The sale is only final after the Seller sends the Customer an email confirming acceptance of the order, which must be sent without delay and after full payment has been received.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the procedures described above, on the website "www.emanuelaborok.com" constitutes the formation of a distance contract between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer. The Seller reserves the right to cancel or refuse any order from a Customer with whom a dispute exists regarding payment of a previous order. The Customer may track the progress of their order on the website "www.emanuelaborok.com".
The Seller does not intend to sell Products on the website "www.emanuelaborok.com" to professionals, but only to consumers or non-professionals for their personal use. The Seller therefore reserves the right to refuse orders for the same Product in large quantities exceeding 5 items.
5.2. Order Modification
Once the order has been confirmed by the Seller, it can no longer be modified.
5.3. Order Cancellation
Once confirmed and accepted by the Seller under the conditions described above, the order cannot be cancelled, except in the exercise of the right of withdrawal or in cases of force majeure.
Article 6. Prices
Products are supplied at the prices in force on the website "www.emanuelaborok.com" at the time the order is recorded by the Seller. Prices are expressed in Euros, excluding and including tax.
For orders outside the European Union: Prices displayed on the site are indicated in euros (€) excluding taxes. Local taxes, customs duties, import fees or other state taxes applicable in the country of delivery are not included in the displayed price and are the exclusive responsibility of the Customer. The Seller cannot be held responsible for additional charges imposed by the customs authorities of the destination country.
Prices take into account any reductions granted by the Seller on the website "www.emanuelaborok.com". These prices are firm and non-revisable during their period of validity, as indicated on the website "www.emanuelaborok.com", the Seller reserving the right, outside this period of validity, to modify prices at any time. They do not include processing, shipping, transport and delivery costs, which are charged additionally under the conditions indicated on the website "www.emanuelaborok.com" and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time the Customer validates the order, are entirely at their expense. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
Specific orders from the Customer may be considered. Where applicable, they will be subject to a prior quote accepted by the Customer. Quotes issued by the Seller are valid for one month from their date of issue. A quote-based order is only considered accepted after payment of a 50% deposit on the order amount. This deposit cannot under any circumstances be qualified as a down payment.
An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.
Article 7. Payment Terms
The price is payable in full on the day the order is placed by the Customer, by secure payment, according to the following methods: by bank card: Carte Bancaire, Visa, MasterCard, American Express.
Payment by bank card is irrevocable, except in cases of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and restitution of the corresponding amounts. Payment data is exchanged in encrypted form.
Article 8. Deliveries
Products available in stock
Products ordered by the Customer will be delivered within metropolitan France within 5 to 10 business days and for all deliveries outside metropolitan France within 7 to 21 business days from order confirmation.
Pre-order products (made-to-order)
For products manufactured to order, the manufacturing lead time is indicated on the product page at the time of ordering and is generally 21 business days before shipment. Once the Product is manufactured, delivery times are as follows:
- Metropolitan France: 2 to 7 business days after manufacturing
- Europe: 5 to 10 business days after manufacturing
- Rest of the world: 7 to 21 business days after manufacturing
Products manufactured via our print-on-demand partner (t-shirts, caps…)
These products are manufactured after receipt of the order. The total lead time includes:
- Manufacturing: 2 to 5 business days
- Delivery France/Europe: 3 to 7 business days after manufacturing
- International delivery: 5 to 21 business days after manufacturing
Express shipping may result in faster delivery times.
In all cases, the Seller undertakes to deliver within a maximum of 30 business days for metropolitan France and 45 business days for international deliveries. Beyond this period, the Customer may request termination of the contract in accordance with articles L.216-2, L.216-3 and L.241-4 of the French Consumer Code.
The Customer will be informed by email of the shipment of their order with a tracking number. Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. The Seller bears the risks of transport for sending the product and is required to reimburse the Customer in the event of damage caused during transport.
Unless in special circumstances or unavailability of one or more Products, ordered Products will be delivered in a single shipment. The Seller undertakes to make best efforts to deliver the products ordered by the Customer within the above-mentioned timeframes. However, these timeframes are provided as an indication only.
For deliveries within metropolitan France and Europe: if the Products have not been delivered within 30 business days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions provided for in articles L.216-2, L.216-3 and L.241-4 of the French Consumer Code.
For deliveries outside Europe: the maximum period is 45 business days after the indicative delivery date.
Amounts paid by the Customer will then be refunded no later than fourteen days following the date of contract termination, excluding any compensation or deduction.
Liability during transport
In accordance with French legislation, the Seller bears the risks of transport for all deliveries to the Customer. In the event of damage or loss of the parcel during delivery, the Customer must:
- Report the problem to the carrier upon receipt (reservations on the delivery note)
- Contact the Seller within 8 business days of delivery at: contact@emanuelaborok.com with supporting photographs
The Seller undertakes to refund or replace the damaged Product. However, for parcels returned by the Customer to the Seller, the risks of loss or damage during return transport are the exclusive responsibility of the Customer. It is recommended to use tracked and insured shipping.
Deliveries outside the European Union (including the United States)
For orders delivered outside the European Union, once the parcel has been handed to the carrier and the tracking number communicated to the Customer, the Seller cannot be held responsible for delays, losses or damage occurring during international transport, as these fall under the exclusive responsibility of the carrier.
In the event of a lost or damaged parcel, the Customer must:
- Report the problem directly to the carrier
- Contact the Seller within 7 days of the expected delivery date at: contact@emanuelaborok.com with their order number and supporting photographs
The Seller will examine each case individually and may, at its sole discretion, offer a commercial gesture in the form of a partial refund or gift voucher.
Returns outside the European Union
For customers located outside the European Union, returns are not accepted except in the case of a defective or non-conforming product. Return costs and the risks of loss or damage during return transport are the exclusive responsibility of the Customer. The Seller cannot be held responsible for returned parcels lost or damaged during transport. It is strongly recommended to use tracked and insured shipping.
Size exchange — Faux fur jackets
Our faux fur jackets may run small. We recommend sizing up from your usual size. If in doubt, contact us before placing your order at: contact@emanuelaborok.com
Europe (European Union)
In accordance with the legal right of withdrawal, the Customer has 14 days from receipt to return the product and obtain a full refund, size exchange or gift voucher, according to their preference. If another size is available: we proceed with the exchange. If no other size is available: we offer either a full refund or a gift voucher of equivalent value, valid on www.emanuelaborok.com. Return costs are at the Customer's expense. The product must be returned in its original condition, unworn, with all its tags.
Outside the European Union (including the United States)
Due to the made-to-order nature of our products, we do not accept refunds for size reasons. However, if the ordered size does not fit, the Customer may contact us within 7 days of receipt at: contact@emanuelaborok.com. If another size is available: we proceed with the exchange, return costs remaining the exclusive responsibility of the Customer. If no other size is available: we issue a gift voucher of equivalent value, valid on www.emanuelaborok.com. The returned product must be in its original condition, unworn, with all its tags and in its original packaging.
To offer you quality products in the best timeframes, some EMANUELA BOROK t-shirts and accessories are manufactured and shipped by carefully selected manufacturing partners. In the event of an exceptional incident related to the shipping or manufacturing of these products, we undertake to inform you promptly and find the best solution: reshipment or full refund.
Article 9. Transfer of Ownership – Transfer of Risk
The transfer of ownership of the Products from the Seller to the Customer will only occur after full payment of the price by the latter, regardless of the delivery date of said Products. Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only occur when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
Article 10. Right of Withdrawal
For Europe, in accordance with applicable legal provisions, the Customer has a period of fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay any penalty, for the purpose of exchange or refund.
Step 1 — Notify the return: The Customer must inform the Seller of their decision to withdraw within this 14-day period by contacting: contact@emanuelaborok.com
Step 2 — Return the parcel: If the return is accepted, the Customer has 8 business days from the Seller's agreement to return the Product in its original and complete condition (packaging, accessories, instructions…), accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted for return. Return costs are at the Customer's expense.
Once the returned item has been received and validated by the Seller, the Customer will be offered the choice of an exchange or a full refund. The refund will be made within 14 days of the return being validated, by credit to the Customer's bank account.
Please note that processing and display of the refund by your bank may take some time. If more than 15 business days have elapsed since the return was approved, please contact the Seller at: contact@emanuelaborok.com
Items excluded from the right of withdrawal:
- Personalised or custom-made items
- Worn, defective or untagged items
- Items unsealed for hygiene reasons (underwear, swimwear)
- Print-on-demand products (certain t-shirts, hoodies and accessories)
For Europe, these made-to-order products are excluded from the right of withdrawal in accordance with article L.221-28 of the French Consumer Code. In the event of a proven manufacturing defect only (damaged product), contact us within 7 days of receipt at contact@emanuelaborok.com with supporting photographs — we will proceed with a replacement or full refund.
Outside Europe, these products are not subject to any return or refund except in the case of a proven manufacturing defect reported within 7 days of receipt at contact@emanuelaborok.com with supporting photographs.
Rest of the world (outside Europe)
Due to the made-to-order nature of our products, we do not accept returns or exchanges for size reasons or change of mind. Note on fur jackets: Our faux fur jackets may run small. We recommend sizing up from your usual size. Do not hesitate to contact us at contact@emanuelaborok.com before placing your order for any sizing advice. Please check sizes carefully before placing your order.
However, if the ordered size does not fit, the Customer may contact us within 7 days of receipt at: contact@emanuelaborok.com. If another size is available: we proceed with the exchange, return costs remaining the exclusive responsibility of the Customer. If no other size is available: we issue a gift voucher of equivalent value, valid on www.emanuelaborok.com. The returned product must be in its original condition, unworn, with all its tags and in its original packaging.
Article 11. Seller's Liability – Warranty
The Products sold on the website "www.emanuelaborok.com" comply with the regulations in force in France and have performance levels compatible with non-professional use. The company "EB DEZIGN" undertakes to deliver products meeting the requirements in force regarding the safety and health of persons in accordance with European provisions, and in particular legislation on regulated chemical substances.
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions: – from the legal warranty of conformity, for Products that are apparently defective, damaged or do not correspond to the order; – from the legal warranty against hidden defects arising from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use.
In order to assert their rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum of 8 business days from delivery of the Products or discovery of hidden defects, and return the defective Products in the condition in which they were received with all elements (accessories, packaging, instructions…).
The Seller will refund, replace or repair the Products or parts under warranty deemed non-conforming or defective. Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of supporting documents. Refunds for Products deemed non-conforming or defective will be made as soon as possible and no later than 14 business days following the Seller's finding of the non-conformity or hidden defect. The refund will be made by credit to the Customer's bank account.
The Seller's liability cannot be engaged in the following cases: – non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify; – in the event of misuse, use for professional purposes, negligence or failure to maintain on the part of the Customer, as well as in the event of normal wear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of non-conforming or defective Products.
Article 12. Personal Data Protection
Pursuant to Law 78-17 of 6 January 1978 as amended by Law n°2018-493 of 20 June 2018, it is noted that the personal data requested from the Customer is necessary for processing their order and issuing invoices, in particular. This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website "www.emanuelaborok.com" meets legal requirements regarding personal data protection, the information system used ensuring optimal protection of this data. The Customer has, in accordance with applicable national and European regulations, a permanent right of access, modification, rectification, objection, portability and restriction of processing regarding information concerning them. This right may be exercised under the conditions and according to the procedures defined on the website "www.emanuelaborok.com".
Article 13. Intellectual Property
The content of the website "www.emanuelaborok.com" is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
Article 14. Unforeseen Circumstances
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party that has not accepted the risk of excessively onerous performance may request renegotiation of the contract from the other party.
Article 15. Force Majeure
The Parties cannot be held responsible if the non-performance or delay in performance of any of their obligations as described herein results from a case of force majeure within the meaning of article 1218 of the French Civil Code.
Article 16. Applicable Law – Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
Article 17. Disputes
All disputes to which the purchase and sale transactions concluded under these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and follow-up, which could not be resolved between the Seller and the Customer, shall be submitted to the competent courts under common law conditions.
The Customer is informed that they may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (French Consumer Code art. L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 18. Pre-contractual Information – Customer Acceptance
The act of a natural person (or legal entity) placing an order on the website "www.emanuelaborok.com" entails full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Seller