Terms and Conditions of Sale
You are connected to this website through URL http://www.by-ekobo.com. This website (together with any other web pages or documents referred to on it) (hereinafter “Website”) is property of EKOBO SAS (hereinafter “Ekobo”).
Ekobo is a Simplified Joint Stock Company registered in the Registre du Commerce et des Sociétés d'Avignon (RCS) under number 451 665 780. Its registered office address is at:
135 Avenue Pierre Sémard, Bâtiment B3-2, 84000 Avignon FR
Telephone: +33 (0) 9 70 44 05 50
Fax: +33 (0) 1 84 10 59 69
Every order concerning a Product(s) offered on the Website (hereinafter “Product(s)”) presupposes the prior consultation of the following terms and conditions of sales (hereinafter “Terms & Conditions”). In the Terms & Conditions “we” and “us” mean Ekobo and “you” and “your” means you as the client (hereinafter “Client”). The Client and Ekobo are hereinafter collectively referred as “Parties”.
The Client declares that he has the capacity to act under the following Terms & Conditions and in particular to be at least eighteen (18) years old and not to be under tutelage or curatorship.
By ordering any of Ekobo Products, you agree to be bound by the Terms & Conditions and together with your purchase order (hereinafter “Order”) this constitutes the entire contract between the Parties for the supply of Products. Please read the Terms & Conditions carefully before placing any Orders through our Website and print a copy of Terms & Conditions in force for future reference.
Your confirmation “click” after having filled out your Order constitutes an irrevocable acceptance on the applicability of the following Terms & Conditions. The confirmation “click” will express your final consent to contract with Ekobo for the selected Products.
You can reach our customer service with your questions or comments by email or phone under the following address and telephone number:
Telephone: +33 (0) 970 440 550.
The communication shall be made in French or English and we are pleased to help you in every possible ways.
Article 1 – Object
The Terms & Conditions are defining the contractual relations between Ekobo and Clients within the frame of the distance selling of the Products and services offered on the Website.
The Terms & Conditions will cover exclusively the relationship between Ekobo and Clients. The Terms & Conditions cannot be varied unless we agree in writing or by email prior to the event. The Parties shall only be bound by the Terms & Conditions which are online on the day the Order is placed. Ekobo reserves itself the right to modify the Terms & Conditions at any time.
Article 2 – The Offer’s Cover
The geographic area covered by the Website is currently limited to European the following countries: France Metropolitan, Belgium, Germany, Holland, Italy, Luxembourg, Spain, Switzeland and United Kingdom.
For any other geographic area please feel free to contact us.
Article 3 – Products and Services
Products and services offered by Ekobo are exclusively those that are displayed and offered on the Website time to time.
Products are described and displayed as accurately as possible and are often accompanied by a description of its essential characteristics. Product photographs are as accurate as possible to the original Products but do not guarantee a total similitude to them, especially concerning colours. The photographs are non-binding.
In the event of an error or omission related to description, display, photographs or colour of the Products Ekobo shall not be held liable.
Article 4 – Prices and Delivery Costs
The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error, for example € 0.
Product prices are displayed in Euros (€) inclusive of Value Added Tax at the rate in force when the Order is concluded.
The prices do not include any delivery charges (shipping and packing costs according to the appropriate tariffs). These delivery costs shall be indicated on the Order form before the Final Order confirmation.
The Orders placed by the Clients who reside in a country outside the European Union or in the DOM TOM can be subject to customs duties and/or any other possible taxes which must be paid by the Client. Please note that Ekobo is not capable of determining in advance the amount of such taxes if any. In this respect, the Client is advised to contact the national Customs Office to check the latest applicable local requirements.
Ekobo will prepare an invoice for the Client which will be handed at the time of the delivery.
Article 5 – Placing the Order
By placing the Order through the Website, the Client agrees on the prices and description of Products. Every Order form digitally signed through the confirmation “click” is an irrevocable contractual obligation of the Client and can only be withdrawn in limited situations.
When confirming the Order, the client accepts the Terms & Conditions and completion of the sale contract between the Parties.
Ekobo reserves the right to make useful changes of Products and to modify them without any prior notices.
Any modifications of the Order form can only be taken in consideration when Ekobo was duly notified in written form before the expedition of any of the Products subject to the Order.
Article 6 – Confirmation of the Order
The Order is considered as final when the Client receives an order confirmation (hereinafter “Order Confirmation”). The Order Confirmation is considered as acceptance of the Order and transaction.
The Order Confirmation shall include all essential Order components (ordered Products, prices, delivery costs).
Ekobo reserves the right to freeze the Client’s Order in the event of a non-payment, an incorrect shipping address or any other problems occurring on his account until the problem is solved.
If any of the ordered Products which has been fully and unavailable from stock (temporary unavailability or sold-out), the Client will receive a separate email informing her/him of this unavailability. If the Product is sold-out, it shall be cancelled and removed from the respective Order and the Client shall be fully refunded for such Products. The rest of the Order shall remain firm and final.
Article 7 – Payment
The total payment of the price is due from the moment the Order is finalized through the confirmation “click”.
The price chargeable from the Client is the one which was displayed on the Website at the time the Order was finalized. The Client agrees to pay the entire stipulated price for the ordered Products (price of the Product and delivery price).
The Client has an option to pay the Order exclusively by a credit card (Visa, Eurocard/Mastercard) or with a PayPal account. The Client guarantees that he has a necessary authorization to pay by credit card when ordering Products.
The Client may be charged with the possible extra costs caused by the utilization of a foreign payment cards. Please note that Ekobo is not capable of determining in advance the amount of such charges if any. In this respect please contact your bank in order to get information about the exchange rates and/or exchange rate commissions in force.
Ekobo reserves the right to change the payment terms at any time.
Article 8 – Delivery
Delivery will be made to the address specified when the Client completes the Order.
We aim to fulfill the Orders by the approximate delivery date specified on the Website or within the delivery period set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time from the date of the Order Confirmation, unless there are circumstances beyond our control which prevent us from doing so. Normal delivery times do not apply to unavailable Products’ or specific agreement made between the Parties.
In the event of Products which are sold-out or unavailable, Ekobo engages to inform its Clients as early as possible and to specify the approximate availability term. After receiving the information the Client has an option to choose to wait for the Product to be available again or to be reimbursed for the unavailable Product.
No compensation will be offered for late deliveries in any event.
Article 9 – Transfer of Liability
The Products will be at Client’s risk of loss or damage from the time of the delivery.
Article 10 – Force Majeure
In the event of force majeure Ekobo shall be released from its obligation. Force majeure is defined as total or partial strikes that are intern or extern to Ekobo, blockade of means of transportation or supplying, the partial or total destruction of production’s premises, facilities or other, governmental or legal restrictions, computer failures, telecommunications’ blockage including networks such as Internet, or any other fortuitous occurrence that impede Ekobo to fulfil its obligations totally or partially.
Article 11 – Receipt
At the moment of the delivery the Client has to check the Products conformity and condition.
In the event of delivery delays, damages or losses caused by the carrier, the Client has to contact the carrier and Ekobo cannot be held liable in event for the delays, damages or losses caused by the carrier.
Ekobo recommends its Clients to check the delivered Products before signing the parcel’s notice of receipt. When the Client notices defects he has to refuse the delivery or to express a written precise and dated reservation. The reservation has to be confirmed by the carrier with a registered letter with a form for acknowledgment of receipt and a copy has to be handed to Ekobo.
Article 12 – Lost Parcels
Ekobo recommends to its clients to choose a delivery mode with insurance, that covers lost or alteration of the parcels.
In the case in which the client has chosen a delivery mode without insurance, Ekobo is not obligated to reimburse the lost Products.
Article 13 – Uncollected Parcels
Where Parcels are not collected by the Client these will be returned to Ekobo. In case the Client wishes the Products to be resend she/he has to assume the forwarding delivery fees.
Article 14 – Complaints for Non-Conformity
Complaints concerning the non-conformity of the Products with the Order have to be addressed in written accurate and precise form directly to Ekobo right after the parcel(s) are delivered. The Client is obligated to keep the original Product packaging and the shipping note.
In case of an error concerning the Products, the Client shall return the Products within seven (7) days after their receipt of the Order to Ekobo, provided that the Products are in the original packaging and condition, with the accompanying documents. Delivery charges will be refunded by Ekobo.
From reception of the returned Products and written form, the Products will be replaced and sent to the Client at the expense of Ekobo, except where the Products are sold out or no longer available. In this case Ekobo commits to refund the Product price to the Client.
Article 15 – Right of Withdrawal
The Client may withdraw from the contract within 14 days beginning on the day she/he received the parcel. In this respect, the Client is entitled to get a full refund of the Order price for the refunded Product(s). Client is not obligated to justify her/his wish to cancel but she/he shall contact Ekobo by phone or email to inform of his intention.
After verification, a return number will be allocated to the Client. After receiving a return number the Client has 14 days to send the Products back to Ekobo with their return number. No return will not be taken into consideration without the return number.
Products must be returned with their original packaging and condition, as well as potential accessories and documentation. The Product shall not be used, damaged and shall be in a condition as delivered to the Client.
The Client shall only bear the direct costs of returning the Products and shall be responsible of organizing their transportation. Ekobo will refund the full Order price to the Client within a maximum repayment term of 14 days.
Ekobo shall refund the costs of the Product(s) to the Client by using the same payment method as the Client paid to Ekobo.
Ekobo reserves the right not refund the Product price when the Product(s) are deteriorated.
Article 16 – Guarantees
All the Products sold by Ekobo are subject to strict quality controls.
However and despite our great care, some items might turn to be defective. In such event, Client is kindly asked to contact Ekobo and specify the type of defect.
The defected Product shall be exchanged with an identical Product and be sent to the Client at the expense of Ekobo, except when the Products are sold out or no longer available. In this case Ekobo commits itself to refund the Product price.
The guarantee does not apply to defects or deteriorations caused by natural tear or by an accident non-inherent to the Product (faulty care, abnormal use).
For any queries, the Client is advised to call or email Ekobo.
Article 17 – Liablility
Ekobo commits itself to a best endeavour in the sale process.
Ekobo cannot be held liable where the failure to perform its obligations is due to an unforeseeable and insurmountable event caused by a third party to the contract or by a case of force majeure.
Similarly, Ekobo cannot be held liable for any inconvenient or damages caused by the use of the Internet network, i.e. an interruption of the service, an external intrusion or the presence of computer viruses.
Ekobo cannot be held liable for the breach of any provision which would be in force in the Client's country, towards which it would not have actively targeted its activities, via marketing operations
Article 18 – Modifications and Improvement
Ekobo reserves itself the right to make Product modifications that, according to it or its manufacturer, improve their quality without having to contact the Clients.
Article 19 - Personal Data
In an attempt to perform efficiently its obligations, Ekobo must collect certain personal information about the Client (e.g. surname, first name, email address, home address, and credit card number).
By giving to Ekobo her/his personal information the Client is able to receive emails acknowledging his orders and Ekobo will be able to process the Orders.
The Client has the right to access, modify and delete information concerning him towards Ekobo by contacting Ekobo’s customer service by mail or email.
The Client may expressly choose to receive offers from Ekobo as well as from other companies or trading partners. If he doesn’t want to receive such offers the Client can inform Ekobo by mail or email.
Ekobo strives to ensure the confidentiality and security of the data transmitted. In this respect, please note that the Website utilises a secure payment mode, called Secure Socket Layer (SSL).
Article 20 – Hyperlinks
Ekobo can display hyperlinks to other website or other internet sources.
Ekobo is not able to control those sites or external sources.
Article 21 – Intellectual Property
All the content and Website is protected under Intellectual Property Laws.
Copyrights, trademarks, logos and designs, registered or not, which are displayed on the Website belong solely and exclusively to Ekobo or its partners.
Their disclosure through the Website does not amount to a license granted by Ekobo or a right to use any of the said intellectual property rights. Thus they cannot be utilised without being counterfeits.
It is strictly forbidden to copy, reproduce, download, post, transfer or distribute any documents or Products which comes from the site, in any ways.
Certain downloads are however authorized under the following exceptional circumstances: it is possible to download a copy of these documents on a computer for a strictly personal and non-commercial use provided that the Client does not change the information and keep the copyrights and other proprietary notices intact. The modification or the misuse of these documents amounts to a breach of the Intellectual Property rights of Ekobo.
Where the Client, who has his own website (for a non-commercial use), wishes to include a link to the homepage of the Website, prior authorisation must be obtained from Ekobo. This shall not amount to an implicit transfer or assignment of right, title or interest in any content or materials.
However, any hypertext link to the Website which utilises the “framing” and the “in-line linking” techniques is strictly forbidden. Any link may be removed on simple request of Ekobo.
Article 22 – Electronic signature
The validation “click” amounts for an electronic signature. This electronic signature has the same legal validity as a manuscript signature.
In the event of any fraudulent use, the Client is advised to contact Ekobo by phone or email as soon as she/he discovers this fraud.
Article 23 – Proof
Computer registers, kept in electronic data systems with reasonable security by Ekobo, shall be considered as prima facie proof of any communication, order and payment which occurred between the Parties.
The storage of the Order forms and invoices is done on a reliable and sustainable format in order to comply with the requirement of sustained and loyal copy under French Civil Law.
Article 24 – Severability and Interpretation
If any of the clauses of the Terms & Conditions are held to be void under the law, regulation or a court decision, the rest of the Terms & Conditions shall remain full in force.
In case of a dispute between Ekobo and the Client the French version of the Terms & Conditions shall serve as a reference of interpretation to solve the matter. In the event of doubt, the French version shall prevail.
Article 25 – Law and jurisdiction
The Terms & Conditions are governed and construed in accordance with French law. Orders concluded through the Website, as well as any dispute arising out from them, shall be governed by French law.
An amicable solution (through an ombudsman system) shall be considered before any judicial remedies.
In the event where this solution would fail, the Parisian Tribunals shall have a non-exclusive jurisdiction to hear the disputes between the Parties.
This provision shall not deprive the European consumers from their national statutory rights.