The purpose of the agreement herein is to fix the conditions for the sale and delivery of products (hereinafter "the Products") offered for sale on the Website www.enfandises.com (hereinafter "the Site"), by the Cephalonia Company (under the trade name ENFANDISESĀ®), 15 rue Agar 75016 Paris, a limited liability company with a registered capital of ā¬54,000, registered in the Paris RCS under no. B 440 144 038, owner of the trademark ENFANDISESĀ®.
The placing of an order on the Site by a Customer implies the latter's unreserved acceptance of the General Conditions of Sale herein.
The products in the ENFANDISESĀ® store comply with European Community legislation and the standards in force in the European Community.
The responsibility of ENFANDISESĀ® may not be incurred in the event of non-respect of the legislation of the country where the product is delivered, outside the European Community. Offers of Products are proposed within the limit of the stocks available with ENFANDISESĀ®, its licensees or partners. However, if there is a stock shortage, ENFANDISESĀ® may offer the Customer one or more substitute products, or suspend the order until the arrival of fresh stocks of the reference(s) concerned.
If all or part of the order is temporarily or permanently unavailable, or the delivery time is at least 30 days, the Customer may request the cancellation of the order.
In the event of such a cancellation, ENFANDISESĀ® shall refund the corresponding amount according to the conditions indicated in article 8.
On www.enfandises.com it is also possible to buy customisable products featuring a child's saying. These products are made in partnership with Photocity, owner of the trade name Photofun, which is in charge of manufacturing the products and shipping them directly from its factory. Any order containing both a product already printed and a customised product shall entail the dispatch of two parcels generating separate carriage costs.
Customers may freely place orders on the Site www.enfandises.com, subject to the prior creation, at no cost, of a Customer account on the Site, and the validation of the General Conditions of Sale herein.
At the time they create their accounts, Customers shall undertake to provide true and accurate information about their situation, and before each new order, to check the information concerning them, and make any necessary changes on-line in their Private Space.
Customers must be aged at least 18 and have legal capacity, or the requisite parental authorisation, in order to place an order on the Site. ENFANDISESĀ® reserves the right to refuse or invalidate a user's registration after the event if the latter's information is revealed as inaccurate.
The creation of a Customer account requires Customers to choose a confidential identifier and password enabling them to access their ENFANDISESĀ® accounts and place orders on the Site.
These identification elements can be altered on-line through your account.
In addition, as they are personal, confidential and non-transferable, Customers shall undertake not to communicate them to third parties.
In any event, ENFANDISESĀ® may not be held responsible for a fraudulent intrusion into a Customer's ENFANDISESĀ® account.
Contractual information and details of the order are summarised in detail before Customers finally validate their Purchase Orders.
Customers are asked to carefully check the details of their orders, and correct any errors these might contain before validating them.
The validation click performed at the end of the order process for all Products and Services offered on the Site formalises the confirmation of the order and implies that the General Conditions of Sale herein are irrevocably accepted.
This validation click implies a definitive agreement to contract with ENFANDISESĀ® for the Products and Services selected, subject to the exercise of the right to retract as indicated in article 5 of this document.
The validation click constitutes an electronic signature. It is expressly understood between the parties that this electronic signature has the same value between them as a handwritten signature. If there is any error in the delivery address, ENFANDISESĀ® may not be held responsible.
After validating their orders on the Site, Customers receive an acknowledgement of receipt from ENFANDISESĀ® by electronic mail summarising the details of the order, provided that the electronic address indicated at the creation of the ENFANDISESĀ® account is valid and contains no errors.
They then receive a second electronic mail very shortly afterwards confirming the registration of their orders by ENFANDISESĀ® (hereinafter "the Confirmation e-mail").
This Confirmation e-mail represents the acceptance of the order by ENFANDISESĀ® and thus forms a sales contract between the Customer and ENFANDISESĀ®.
The e-mail contains all the elements composing the contract signed between you and ENFANDISESĀ® (items ordered, rates, prices, delivery times and location, carriage costs, etc.)
ENFANDISESĀ® reserves the option of refusing an order for any reason, which may be due notably to a problem with the supply or availability of an item, or to a dispute relative to a previous order.
Computerised registers, preserved in the information systems of ENFANDISESĀ® or its subcontractors in reasonable conditions of security, will be considered as proof of communication, orders and payments taking place between the Parties.
Purchase Orders, Order Confirmations and invoices are archived on a reliable, durable support that can be produced as proof.
Product prices are displayed on the Site in Euros including taxes and excluding carriage costs.
They apply to all Customers located in the countries appearing in a list provided during the order procedure.
The prices of the Products selected will appear in the Purchase Order, including all French sales taxes and with the addition of carriage costs.
If the delivery address is located outside the European Union, the amount of the order will be invoiced excluding tax, i.e. with a reduction corresponding to the current VAT rate applicable in France for the products concerned. However, in this case it will be the Customer's responsibility to check the taxes and customs duties.
ENFANDISESĀ® reserves the right to pass on to the Customer any changes in postal rates; carriage costs will be calculated on the basis of the postal rates in force at the time orders are registered, subject to availability at that date.
Orders are payable exclusively in Euros.
Orders are paid for:
either on-line on the Site by bank card or via the CIC secure payment system.
The following bank cards are accepted: CB, MasterCard, Visa.
ENFANDISESĀ® will debit the Bank Card for the total amount of the order at the time the payment is validated on-line.
ENFANDISESĀ® guarantees the security and confidentiality of information relative to the bank card.
ENFANDISESĀ® has adopted the SSL encryption process, which ensures the reliability of exchanges and transactions by encrypting at the time of entry all the personal data indispensable for processing orders, such as postal and e-mail addresses, bank card numbers and banking details. The banking details are thus encrypted and transmitted directly to our bank via a secure connection, without going through the ENFANDISESĀ® Site.
ENFANDISESĀ® reserves the right to refuse to process any order for which payment has been refused by the banking payment centre concerned.
An invoice is drawn up in the Customer's name with the invoicing address communicated by the latter, and enclosed with the parcel.
In accordance with national and European regulations, Customers have the right to retract for seven (7) working days as from delivery of the Products ordered and may return said Products without having to provide a reason.
If this deadline expires on a Saturday, Sunday, public holiday or strike day, it will be extended until the next working day.
If Customers wish to retract, they must send, before the expiry of this deadline of seven (7) working days, either an electronic mail or a recorded letter with acknowledgement of receipt (the postmark acting as proof) to Customer Service, whose contact details are shown in article 10, "Customer Service".
If retraction is carried out by e-mail, it will only be registered as from receipt by Customers of an e-mail confirming the registration of their request to cancel the order.
The exercise of a Customer's right to retract will only be accepted by ENFANDISESĀ® with items that are intact (including their accessories, notices, etc.), in perfect condition and in their original unopened packaging.
No items that are returned incomplete, spoiled, damaged or soiled by the Customer will be taken back.
They must not have been used or suffered the slightest damage, and must be entirely clean.
This right to retract is exercised at no penalty, apart from the return carriage costs.
The amount of the order will be exchanged or refunded according to the conditions indicated in article 7 of the Conditions herein.
However, the cost of dispatching and returning Products will remain the Customer's responsibility.
Products are only delivered to countries featuring in the list provided during the order procedure.
Items will be delivered to the delivery address indicated in the Purchase Order, and also indicated in the Confirmation e-mail for the order indicated in article 3.2. If there is any error in the particulars of the Customers' contact details (for example, first name, street name or number, post code, telephone number, e-mail address, etc.), ENFANDISESĀ® may not be held responsible if delivery is impossible.
If their state of availability means that Products can be delivered at different dates, ENFANDISESĀ® will split up deliveries. In this case, Customers will only be charged the cost of carriage for a single shipment.
Carriage methods vary according to the country where delivery is made:
Shipment rates vary according to postal service rates.
If the recipient is absent, an advice note will be left indicating when and where to collect the parcel.
If delivery dates are exceeded, this may not give rise to any damages, deductions or cancellations of orders, in the event of all-out or partial strikes, the blockage of means of transport or supply, governmental or legal restrictions, etc. Neither may the enfandises.com Site be held responsible if laws, regulations or an event of any kind cause goods to be detained at the borders.
Customers are asked to notify the carrier of any reservations they have about the Product delivered (for example, a damaged or already opened parcel) within five working days of receiving the parcel.
The delivery times indicated are average times and correspond to the time taken for processing and delivery. The average time taken for products to arrive is seven (7) days, and ENFANDISESĀ® does all within its power to shorten this period.
ENFANDISESĀ® will keep you informed of any delay in the delivery times announced.
Any orders not shipped within 30 days of the order may be cancelled.
ENFANDISESĀ® may not be held responsible for the consequences arising from any delay in delivery of the Products ordered.
If the Customer is absent when the delivery is made, and/or the Customer is unable to collect the Product(s) within the time limit indicated by the postal services, the Product(s) will be returned to ENFANDISESĀ®, which will refund the Customer according to the conditions indicated in article 8, after deducting the carriage costs, unless the Customer wishes the order to be reshipped at his/her expense.
For any information or questions, the Customer Service is available at the following address:
15 rue Agar
75016 Paris Tél: 0146472515 FAX 0146472514
(A contact form can be found on the Site)
In order to avoid any inconvenience, ENFANDISESĀ® checks the compliance of Products with orders before shipment.
ENFANDISESĀ® undertakes to refund the Customer or exchange any Products that do not correspond with the characteristics indicated in the Purchase Order, or Products that have been altered or have any obvious defects.
ENFANDISESĀ® will send Customers confirmation of its acceptance for the return of any Products.
Products should be returned to ENFANDISESĀ® in the state in which the Customer received them, in their original packaging, with all the elements delivered, within 8 days of delivery.
No items returned incomplete, spoiled, damaged or soiled will be taken back.
Any return accepted by ENFANDISESĀ® in the event of an obvious defect or non-compliance with the Products delivered, which is to be confirmed by ENFANDISESĀ®, will be followed by the replacement at no cost or refund of said Product(s), excluding any other indemnity or interest.
In either case (request for a refund or replacement of the Product(s), agreed to by ENFANDISESĀ®), the cost of shipment and return will be refunded on the basis of the invoiced rate.
Refunds for Products in the cases indicated in articles 2 and 7 will be made within a period equal to or less than 15 days after receipt of the Products by ENFANDISESĀ®.
Refunds will be made at the choice of ENFANDISESĀ® by a credit to the Customers' bank account, or by a cheque made out to the Customer who placed the order and sent to the invoice address.
LCustomers are solely responsible for the choice, preservation and use of Products.
It is their responsibility, if Products integrate a mechanism, to check that this functions properly and to read the instructions for use before using it for the first time.
With foodstuffs, they must respect the requisite preservation conditions and use-by dates.
In accordance with the provisions of the French Data Protection Act no. 78-17 of 6 January 1978, the Site has been declared to the CNIL (French data protection agency).
In accordance with said Act, Customers have the right to access, modify, correct and delete personal information concerning them that has been collected via the ENFANDISESĀ® Site.
To exercise this right, Customers should log onto their on-line accounts on the Site, or send a letter by post to Customer Service at the address indicated in article 7.
However, any request for the deletion of information implies the closure of their ENFANDISESĀ® account.
Personal information concerning Customers that is collected via the various on-line forms on the Site, and any future information, is used by ENFANDISESĀ® solely to implement the services offered on the Site, and is under no circumstances provided to third parties without a Customer's consent.
The conditions herein, together with those featuring in the Confirmation e-mail for the order indicated in article 3.2, express all your obligations and those of ENFANDISESĀ®.
ENFANDISESĀ® reserves the right to unilaterally modify the terms of the conditions herein, the conditions applicable being those in force on the Site on the date orders are placed. It is thus recommended to refer regularly to the latest version of the General Conditions of Sale, which are constantly available via the Site's "General Conditions of Sale" link.