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Terms & conditions

GENERAL CONDITIONS OF SALE

This page (and all documents referred to on it) describes the terms and conditions under which we supply you with any of the products (“Products”) listed on our website www.elbaconcept.com (“our site” or “Website”). Please read these terms and conditions (“Terms and Conditions”) carefully before ordering any of the Products from our Site. It is understood that by ordering one of the Products, you agree to be bound by these Terms and Conditions of Sale.

We advise you to print a copy of these Terms and Conditions for your reference.

Please click on the “I accept” button at the end of the conditions of the purchase form if you accept them. Please note that if you refuse to accept these Terms and Conditions of Sale, you will not be able to order any of the Products on our site. Once you have accepted the following Terms and Conditions of Sale, you will also be referred to hereinafter as “Customer“, “Customer” or “you“.

General terms and conditions of sale

1.          Information about us

1.1 ELBA is a site operated by ELEPHANT BAG COMPANY LIMITED whose registered office is FLAT/RM 1707, 17/F, Yip Fung Building,No.7 Sheung Hei Street, San Po Kong, Kowloon, Hong Kong, company registration number 67614402-000-04-18-6 (“we”, “us” or “ELBA”) and by SAS ELEPHANT BAG COMPANY EUROPE whose registered office is 8 avenue Bertie Albrecht – 75008 PARIS – France, registration number 878 319 094 RCS Paris.

2.          Availability of the service

2.1 Our site is intended for use only by persons resident in the European Union (“Territory”) or who purchase Products for delivery to or from the Territory (“Customers” or “Clients”). We do not accept orders for deliveries to other countries outside the Territory.

3.          Your Status

3.1 By placing an order via our site, you are guaranteeing that :

– you are legally capable of entering into binding contracts;

– you are at least 18 years of age;

– you are purchasing the Products for your personal, non-commercial use;

– you are purchasing Products for delivery in the Territory.

3.2 Any personal data we collect from you will be used only in accordance with our “Privacy Policy”

4.          Performance of the contract

4.1 The price and essential characteristics of each Product (together with the corresponding Product codes) are displayed on our website. The information displayed on our website does not represent an offer from ELBA.

4.2 Before placing an order via our site, you should carefully read all the instructions provided during the purchase procedure (also with regard to the conditions of the right of withdrawal, delivery costs and the Privacy Policy statement), together with these General Terms and Conditions.

4.3 In order to place an order, you must register on our website as a guest or normal user.

4.4 To purchase a Product, the Customer must (i) put the chosen Product in the “Shopping Cart” by clicking on the corresponding button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Terms and Conditions of Sale and the Privacy Policy and (v) send the order proposal to ELBA Concept via our website. After the conclusion of the purchase procedure described above, the Client will receive a transactional e-mail message proving the purchase of the Products (“Order Confirmation”). In the event of return of the Products under the terms of clauses 9, 10 and 11 below, the Customer shall be required to provide ELBA Concept with the Order Confirmation number and the e-mail address that he will have used to make the purchase of the Products appearing on the same Order Confirmation in accordance with the procedures described in the aforementioned clauses.

4.5 Sending an order constitutes an offer to purchase the selected Product, governed by the terms of these General Sales Conditions and binding for the Client (with no prejudice to the right of withdrawal under article 9). When a customer sends an order proposal, he/she shall be obliged to pay the price of the Product(s) ordered.

4.6 Any error/modification of the data inserted by the Customer in the order proposal must be validated by the latter, following the process described on our site, before sending the order proposal (for example: the Customer may change the quantity of Products he intends to purchase by adding or deleting one or more Products from his “Shopping Cart”).

4.7 Without prejudice to the use of the data described in the Privacy Policy, the order proposal and the data concerning the Client relating to said order proposal may be kept by ELBA Concept for the period required by the applicable legislation. Moreover, the contracts executed by the Client will be archived by ELBA Concept for the retention period required by applicable law.

4.8 An order may be refused by ELBA Concept even after the Order Confirmation (provided that the Client does not owe any consideration to ELBA Concept, with the sole exception of the amounts pursuant to Clause 12 below, if any) within 30 days at its sole discretion, including in the event that

– the Products are not available (without prejudice to the provision under clauses 4.11, 5.2, 5.3); or

– reported or suspected fraudulent or illegal activities, including purchases suspected to have been made for commercial purposes ;

– the Client has not fulfilled its obligations arising from a previous contract executed with ELBA Concept.

4.9 The contract shall only concern the Products whose dispatch or supply has been confirmed by us in the Order Confirmation.

4.10 Without prejudice to the provisions set forth in Clause 4.8, the contract between ELBA Concept and the Client shall be executed upon receipt by the Client of ELBA Concept’s acceptance of the order proposal sent through the process indicated on our site via the Order Confirmation.

4.11 Notwithstanding the Order Confirmation, in the event of unavailability of one or more of the Products ordered, the Client will receive an email duly informing him/her of the unavailability of the Products. In this case the order proposal will be cancelled or partially accepted for the available Products. In the case of partial acceptance, the Customer will only have to pay (or will only be charged, in the case of payment by credit card) the price of the available Products.

4.12 The Order Confirmation shall include a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment terms, information on the conditions and procedures for exercising the right of withdrawal (including information on the exclusion of the right of withdrawal for personalised Products), information on delivery costs, the address to which complaints may be addressed, information on support services and on existing commercial conditions and a copy of these General Terms and Conditions of Sale.

5.          Availability and product information

5.1 Information on the Products (accompanied by the corresponding Product codes) and the corresponding prices are available on our website.

5.2 The Products available on our site represent a selection of items normally available in stores; however, ELBA Concept does not provide any guarantee to the Client with regard to the availability in stores of the Products available on the Internet Site. Furthermore, we do not guarantee that any of the Products presented on our site will be in stock. The photos of the Products displayed on our site may not correspond to their actual appearance; the Client must therefore rely exclusively on the description of the Products and their characteristics as mentioned on our site.

5.3 ELBA Concept reserves the right, at any time, to limit the quantities and/or type of Products available on the website. The style, models and colours of the Products described therein are subject to change without notice. During the purchase process, an automatic reply will inform the Client if the order cannot be processed due to the unavailability of the Product ordered; ELBA Concept is not liable to the Client in the event of unavailability of the Product.

5.4 ELBA Concept shall in no case be held liable for errors due to a failure of the Client’s connection to the Website. In addition, ELBA Concept shall not be liable to the Customer in the following circumstances, regardless of the reason for the damage, the cause, the nature of the damage, or the results :

– any damage caused by the suspension or termination of the operation of our site.

– any damage resulting from the hacking of our site and the modification of the information it provides by a third party.

6.         Transport and delivery

6.1 Your order will be delivered on the delivery date set out in the Order Confirmation at the latest or, if no delivery date is indicated, within a reasonable time after the date of the Order Confirmation, unless there are exceptional circumstances. The delivery date will be agreed by us with our operators located in the delivery area and will vary depending on the delivery address, the type of Products and other key factors. The Products shall be delivered to the address indicated by the Customer in the order proposal. ELBA Concept will not deliver to :

– post office boxes

– places of accommodation such as hotels or hostels, public facilities, airports and harbours

– entities or individuals who provide services of shipping the goods outside Canada; or

– any other place for which ELBA Concept reasonably determines that the customer’s address is unknown.

6.2 For each order ELBA Concept may, at the request of the Customer, invoice the price of the Products by email to the Customer, within the meaning of the applicable laws and regulations. The invoice will be based on the information provided by the Customer at the time of the order (e.g. the Customer’s tax identification number or VAT number). No modification of the invoice is possible after it has been issued.

6.3 Delivery costs shall be borne by the Customer and are shown separately in the Order Confirmation.

6.4 The purchased Product shall be delivered by a courier service chosen by ELBA Concept (hereinafter referred to as “Courier”); the purchased Products shall be delivered on working days (therefore excluding Saturdays, Sundays and local and national holidays) within 30 (thirty) days from the date of the Order Confirmation (except in case of force majeure or unforeseeable circumstances). If the delivery has not been made within the above-mentioned period, the Client may, by electronic message, using the form available at the following address: www.elbaconcept.com, provide ELBA Concept with an additional period of 7 (seven) days (or an additional period of time – if applicable – required by the applicable law concerned, or reasonable under the circumstances) to deliver the Product, provided that, in the event of failure to comply with the said period, the Client may terminate the contract and ELBA Concept shall, without undue delay, reimburse all sums paid under the contract.

6.5 At the time of delivery of the Products by the Courier, the Customer (or a designated representative) is required to check :

– that the recipient indicated on the delivery note is the correct one; and

– that the packaging and its seals are intact, undamaged, not wet or otherwise tampered with.

6.6 Any damage to the packaging and/or Product(s), or discrepancies in the references or documents of the recepient must be immediately indicated in writing on the Courier’s delivery note. Except to the extent permitted by applicable law, once the Courier’s document has been signed and no objection has been made by the Customer, the Customer may not object to the external characteristics of the delivered package provided that the Customer is entitled to make subsequent objections relating to other features related to the Product(s) under the terms of the conditions established under clause 10 below.

7.          Confirmation of Shipment

7.1 ELBA Concept shall send the Customer a dispatch confirmation via sms or email once the Products have been dispatched (hereinafter “Dispatch Confirmation”).

8.           Risk and title

8.1 The risk of loss of or damage to the Products shall pass to the Customer when the Customer (or a third party indicated by the Customer and other than the carrier) has taken physical possession of the Product.

8.2 Ownership of the Product(s) will only pass to you when we have received full payment of all sums due in respect of the Product(s) including delivery charges.

9.          Consumer Rights

9.1 In addition to the right granted under clause 10, you may cancel a contract for a Product at any time within fourteen calendar days from the day after you receive the relevant Products (the “Cancellation Period”). If you do so, you will receive a full refund of the price paid for the Products in accordance with our refund policy (set out in clause 11 below). To cancel a Contract, you must notify us in writing before the end of the Cancellation Period.

9.2 Without prejudice to the right granted in clause 10, the right of cancellation provided for in clause 9.1 does not apply to orders for Products at a reduced price and, in accordance with the provisions of article 59, paragraph 1, letter c), of the Consumer Code as defined below, personalised Products, such as, for example, those on which the Customer’s initials are engraved.

10.        Non-compliance

10.1 If a Product sold by ELBA Concept presents manufacturing defects or in case of a presumed lack of conformity of the Products sold by ELBA Concept, you must contact the Online assistance through the following contact: www.elbaconcept.com.

10.2 The legal guarantees established by articles 129, 130 and 132 of the Consumer Code as defined below apply to the sale of the Products. In accordance of these articles, you are entitled to obtain, free of charge, the repair (or replacement) of the Product within the limits provided for by law, or, in the event of failure to carry out the above repairs (pursuant to article 130, paragraph 7, of the Consumer Code), to benefit from an appropriate reduction in the price of the Products, or the contract cancelled. You will lose these rights if you fail to inform ELBA Concept of the non-compliance within 2 (two) months from the date on which you detected the lack of conformity. In any case, actions to establish a non-compliance not fraudulently concealed by ELBA Concept will automatically expire 26 (twenty-six) months after delivery of the Products. The delivery costs for returning the Product to be repaired or replaced under the terms of this clause shall be borne by ELBA Concept, as shall all costs connected to the delivery of the repaired or replaced Product to the Customer.

11.        Our refund policy

11.1 If you wish to return a Product to us, please contact us using the form available at the following address: www.elbaconcept.com.

11.2 If you cancel the contract between us under clause 9 and return a Product to us under clause 11.1 above, we will process the refund owed to you as quickly as possible and in any event within 2 months of the day you notified us of your cancellation. In this case, we will refund the full price of the Product (excluding the cost of sending the item to you) and the cost incurred by you in returning the item to us.

11.3 The refund policy set out in clause 11.2 will not apply to the Products set out in clause 9.2 above.

11.4 If you return a Product under clause 11.1 above because you claim that the Product is defective under clause 10, we will examine the returned Product and will provide you with your refund via email within a reasonable period of time. We will generally process the refund due to you at the earliest and in any event within 2 months from the day you confirmed to us by email that you are

entitled to a refund for the defective Product. The Product that you return due to a defect will be refunded in full, including a refund for the delivery costs of sending the item to your attention and for the costs incurred by you in returning the item to us. The cost of sending the item to you in the first instance will only be refunded if the Product was not part of a multiple order.

11.5 Please note that in both cases described in clauses 11.2 and 11.4 above, you must also return all Products to us immediately, in the same condition as when you received them. You are legally obliged to take reasonable care of the Products while they are in your possession. We may have a right of recourse against you for compensation and no refund will be given to you:

– if there is evidence that the Products have already been used (creases, damage, odours)

– if the Products were originally purchased in a store

– if the Products no longer bear their labels

– if any part, or accessories, of the Products are missing

– if any packing material is missing

– if the delivery declaration enclosed when the Products were sent has not also been returned.

11.6 We will generally refund any sum received from you by deposit to the same credit card you used to purchase the Products. Furthermore, in case of payment made via a Paypal account, the refund will be made directly by ELBA Concept to the Customer’s Paypal account. In the event that it is not possible to reimburse the money under the terms of the preceding paragraph, ELBA Concept will proceed to reimburse the money by bank transfer.

12.        Price and payment

12.1 The price of any of the Products will be identical to the price indicated on our site, except in cases of clear error. Our site endeavours in good faith to display accurate Product information at all times.

12.2 The prices of the Products are indicated on the Website in Euros or in the currency of the Customer’s country of residence and include all applicable taxes and charges. Delivery charges must be added to the price of the Products and are shown separately in the Shopping Cart.

12.3 Unless otherwise specified by us, our prices are exclusive of any applicable VAT and delivery charges applicable at the date of purchase, which will be added to the total amount due.

12.4 In the event that you are entitled to a VAT exemption or pay a lower rate of Value Added Tax (e.g. diplomats and non-EU Customers) we will only grant you a VAT reduction or exemption after you have sent us and we have received all the appropriate and necessary documents enabling us to duly effect such reduction or exemption listed below:

For Diplomatic Tax Exemption:

– a copy of the Customer’s valid identity card;

– a copy of the Order Confirmation and Shipping Confirmation;

– a statement issued by the local government authority certifying diplomatic status;

In order to properly process the Tax Refund request, you must send us a copy of the above-mentioned documents to the following email address: www.elbaconcept.com.

For Tax Refund to a Foreign Customer (Non-EU Customers):

– a copy of the Order Confirmation and the Shipping Confirmation showing the customs stamp certifying the export of the Products purchased in the European Union ;

– a copy of the Customer’s valid identity card certifying that the Customer resides outside the European Union.

In order to duly process the Tax Refund request, you must send us a copy of the above-mentioned documents (for foreign Customers within 3 months at the latest from the issue of the Order) to the following email address: www.elbaconcept.com.

12.5 Prices are subject to change at any time, but changes will not be passed on to orders for which we have already sent you the Order Confirmation.

12.6 Our website contains a number of different Products and it is always possible that, despite our best efforts, an incorrect price may be quoted for some of the Products listed on our website. We will generally check prices as part of our dispatch procedures to ensure that where the correct price for a Product is lower than that stated, we will charge the lower amount when we dispatch the Product. If the correct price of a Product is higher than the price shown on our site, we will generally, at our discretion, contact you with instructions before shipping the Product or refuse your order and inform you of such refusal.

12.7 We are under no obligation to supply the Product to you at an incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unambiguous and you could reasonably have recognised it as a pricing error.

12.8 Payment of the price for the Products included in the Order Proposal and the corresponding delivery charges must be paid by the Customer by credit card, Paypal or bank transfer. For payments by credit card, the transaction must comply with any separate contractual terms and conditions between the Customer and the credit card company.

12.9 ELBA accepts payments with the following credit cards: Visa, MasterCard, Paypal, Unionpay.

12.10 Transactions will be debited from the Customer’s credit card only after :

– the credit card has been verified;

– authorization to charge the card has been received from the issuer of the card used by the Customer; and

– the availability of the Product has been confirmed by ELBA Concept .

12.11 In the event of a dispute arising between the Client and the credit card company, lender, etc. regarding fees or any other obligation related to the Client’s payments on our site, the Client and the third party concerned must settle the matter between them.

12.12 No debit shall be made at the time of transmission of the order proposal, except for temporary charges necessary to check the validity of the credit card, if applicable. It is understood that, after the order has been executed, the said temporary charges will be cancelled and replaced by the correct amount due by the Customer. Furthermore, if the order is cancelled, the said temporary charges will also be cancelled definitively.

12.13 In the event that, for whatever reason, it is impossible to debit the amount due by the Customer within the time limit, the agreement will not be executed and the order will be cancelled.

13.        Written communications

13.1 Applicable laws require that certain information or communications we send to you must be in writing. By using our Site, you agree that such communications with us may be sent primarily by electronic means. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with legal requirements that require communications to be in writing. These terms and conditions do not affect your statutory rights.

14.        Notifications

14.1 All notifications you send to us must be sent to: www.elbaconcept.com.

14.2 We may notify you both by email and by the postal address you provide when you place an order, or by any of the means specified in clause 13 above. ELBA Concept will make every effort to answer you as soon as possible. In order to prove the delivery of the notification, it will be sufficient to prove, in the case of a letter, that the said letter has been correctly addressed, stamped and sent by post and, in the case of an electronic message, that this message has been sent to the address mentioned by the recipient.

15.        Transfer of rights and obligations

15.1 The contract between you and us is binding upon us both as well as upon your successors and respective rights holders.

15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights and obligations under it, without our prior written consent.

15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations under it, at any time during the term of the Contract.

16.        Events beyond our control

16.1 We shall not be liable for any failure to perform, or late performance of, any of our obligations under a contract caused by events beyond our control (Force Majeure).

16.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our control and includes (but is not limited to) the following events:

– strikes, lockouts or other industrial action.

– civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), threat or preparation for war.

– fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

– inability to use railroads, rail, shipping, air, motorized transport or any other means of public or private transportation.

– inability to use public or private telecommunications networks.

– acts, decrees, laws, regulations or other restrictions of a government.

16.3 Our performance under any contract shall be deemed to be suspended for the period during which the case of force majeure continues, and we shall benefit from an extension of time for the performance of the contract corresponding to the duration of this period. We will do everything in our power to put an end to the Force Majeure Event or to find a solution whereby we can fulfil our contractual obligations despite the Force Majeure Event.

17.            Waiver

17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of our rights or remedies available to us under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you of your obligation to comply with such obligations.

17.2 A waiver by us of any default will not constitute a waiver of any material default.

17.3 No waiver of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and communicated to you in writing in accordance with clauses 13 and 14.

18.        Divisibility

If any of these General Conditions of Sale or any provision of a contract is deemed by any competent authority to be invalid, illegal or unenforceable to any extent, then such term, condition or provision shall be severed from the other terms, conditions and provisions which shall remain valid to the fullest extent permitted by applicable law.

19.        Entirety of the Agreement

19.1 These General Conditions of Sale and any document expressly referred to herein represent the entire agreement between us with respect to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or written.

19.2 Each party recognises that, in entering into a Contract, neither of us has relied on any representation, understanding or promise given by the other or arising out of anything said orally or in writing during negotiations between us prior to such Contract, except as expressly set out in these General Conditions of Sale.

19.3 Neither of us shall make any claim concerning any untrue statement made by the other party, whether oral or written, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these General Conditions of Sale.

20.        Our right to amend these General Conditions of Sale

20.1 We have the right to revise and amend these General Conditions of Sale from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in means of payment, changes in relevant laws and regulatory requirements and changes in our system capabilities.

20. 2 You will be subject to the policies and General Conditions of Sale in force at the time you order Products from us, unless any change to these policies or General Conditions of Sale is required by law or governmental authority (in which case it will apply to orders previously placed by you), or if we inform you of a change to these policies or these General Conditions of Sale before we send you the Dispatch Confirmation (in which case we have the right to treat you as having accepted the change to the General Conditions of Sale unless you inform us to the contrary within seven working days of receiving the Products).

21.       Copyright and Trademark

21.1 All rights to the content of our site (text, images, video, voice, programs, etc.) belong to ELBA Concept . None of the articles, photos, illustrations, etc. on this site may be used without the prior permission of ELBA Concept .

21.2 All trademarks and service marks used on our site belong to ELBA Concept or are used on the basis of official rights as licensed. Their unauthorized use is not permitted.

22.        Links

22.1 When creating a link to our site, we may decline to provide the link depending on the content of the website on which the link has been inserted and the method by which the link was created. Furthermore, ELBA Concept does not guarantee in any way the content of all sites to which it is linked and does not assume any responsibility for any damage caused by a site to which it is linked.

23.        Law and Jurisdiction

23.1 These General Conditions of Sale and, consequently, the contracts executed with the Customers, are governed by and shall be interpreted within the meaning of the laws of France.

23.2 Any dispute arising from the interpretation, validity and/or execution of these General Conditions of Sale shall be subject to the compulsory territorial jurisdiction of the competent court of the Customer’s place of residence or domicile.

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